Article 80 The High Court
(1)
The High Court shall consist of a Judge-President and such additional Judges as
the President, acting on the recommendation of the Judicial Service Commission,
may determine.
(2)
The High Court shall have original jurisdiction to hear and adjudicate upon all civil
disputes and criminal prosecutions, including cases which involve the
interpretation, implementation and upholding of this Constitution and the
fundamental rights and freedoms guaranteed thereunder. The High Court shall
also have jurisdiction to hear and adjudicate upon appeals from Lower Courts.
(3)
The jurisdiction of the High Court with regard to appeals shall be determined by
Act of Parliament.
Article 81 Binding Nature of Decisions of the Supreme Court
A decision of the Supreme Court shall be binding on all other Courts of Namibia and all
persons in Namibia unless it is reversed by the Supreme Court itself, or is contradicted by an
Act of Parliament lawfully enacted.
Article 82 Appointment of Judges
(1)
All appointments of Judges to the Supreme Court and the High Court shall be
made by the President on the recommendation of the Judicial Service
Commission and upon appointment Judges shall make an oath or affirmation of
office in the terms set out in Schedule 1 hereof.
(2)
At the request of the Chief Justice the President may appoint Acting Judges of
the Supreme Court to fill casual vacancies in the Court from time to time, or as
ad hoc appointments to sit in cases involving constitutional issues or the
guarantee of fundamental rights and freedoms, if in the opinion of the Chief
Justice it is desirable that such persons should be appointed to hear such cases
by reason of their special knowledge of or expertise in such matters.
(3)
At the request of the Judge-President, the President may appoint Acting Judges
of the High Court from time to time to fill casual vacancies in the Court, or to
enable the Court to deal expeditiously with its work.
(4)
All Judges, except Acting Judges, appointed under this Constitution shall hold
office until the age of sixty-five (65) but the President shall be entitled to extend
the retiring age of any Judge to seventy (70). It shall also be possible by Act of
Parliament to make provision for retirement at ages higher than those specified
in this Article.
Article 83 Lower Courts
(1)
Ta ble of Conten ts
Lower Courts shall be established by Act of Parliament and shall have the
jurisdiction and adopt the procedures prescribed by such Act and regulations
made thereunder.
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