CHAPTER 9
The Administration of Justice
Article 78 The Judiciary
(1)
The judicial power shall be vested in the Courts of Namibia, which shall consist
of:
(a)
a Supreme Court of Namibia;
(b)
a High Court of Namibia;
(c)
Lower Courts of Namibia.
(2)
The Courts shall be independent and subject only to this Constitution and the law.
(3)
No member of the Cabinet or the Legislature or any other person shall interfere
with Judges or judicial officers in the exercise of their judicial functions, and all
organs of the State shall accord such assistance as the Courts may require to
protect their independence, dignity and effectiveness, subject to the terms of this
Constitution or any other law.
(4)
The Supreme Court and the High Court shall have the inherent jurisdiction which
vested in the Supreme Court of South-West Africa immediately prior to the date
of Independence, including the power to regulate their own procedures and to
make court rules for that purpose.
Article 79 The Supreme Court
(1)
The Supreme Court shall consist of a Chief Justice and such additional Judges
as the President, acting on the recommendation of the Judicial Service
Commission, may determine.
(2)
The Supreme Court shall be presided over by the Chief Justice and shall hear
and adjudicate upon appeals emanating from the High Court, including appeals
which involve the interpretation, implementation and upholding of this Constitution
and the fundamental rights and freedoms guaranteed thereunder. The Supreme
Court shall also deal with matters referred to it for decision by the
Attorney-General under this Constituiton, and with such other matters as may be
authorised by Act of Parliament.
(3)
Three (3) Judges shall constitute a quorum of the Supreme Court when it hears
appeals or deals with matters referred to it by the Attorney-General under this
Constitution: provided that provision may be made by Act of Parliament for a
lesser quorum in circumstances in which a Judge seized of an appeal dies or
becomes unable to act at any time prior to judgment.
(4)
The jurisdiction of the Supreme Court with regard to appeals shall be determined
by Act of Parliament.
Ta ble of Conten ts
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