请输入您要查询的百科知识:

 

词条 Supreme Court of Namibia
释义

  1. History

  2. Court building

  3. Mandate and power

  4. Structure and appointment

  5. Notable cases

  6. References

  7. Further reading

{{Politics of Namibia}}

The Supreme Court of Namibia is the supreme court in all legal matters of the laws of Namibia. It is the court of last resort and the highest appellate court in the country. It is located in the centre of Namibia's capital city, Windhoek. A Supreme Court decision is supreme in that it can only be reversed by an Act of Parliament that contradicts it, or by another ruling of the Supreme Court itself.[1]

History

Namibia's Supreme Court was founded on 21 March 1990, the day of Namibian Independence. Although it has the Supreme Court of South-West Africa as its predecessor, the latter was not a supreme court in the sense that appeals against its rulings would be allowed; the Appellate Division of the Supreme Court of South Africa would hear those, and they would be prosecuted by the Supreme Court of South-West Africa.[1]

Court building

At its inception in 1990, the Supreme Court did not have its own building.[2] The Supreme Court building, situated in Michael Scott Street on Eliakim Namundjebo Plaza in central Windhoek, was built between 1994 and 1996 as an "imposing and functional building" to represent "the integrity and soul of the [...] Constitution".[3] It was designed in a north African style in order to avoid resemblance of European colonial buildings,[4] and it is Windhoek's only building erected post-independence in an African style of architecture.[5] The building was constructed to contain two court rooms, four offices for justices, and a law library on the first floor. Erection and design of the building involved extensive geotechnical investigations because it is situated on top of a geological fault.[3]

Mandate and power

The mandate and powers of the Supreme Court are regulated by Articles 78, 79 and 138 of the Namibian Constitution. It hears appeals against High Court decisions and matters referred from the Attorney-General, particularly those that concern constitutional matters. It can also hear matters referred to it by parliamentary authorisation. The Supreme Court regulates its own procedures and makes Rules of Court.[1]

A Supreme Court decision can only be reversed by an Act of Parliament that contradicts it, or by another ruling of the Supreme Court itself.[1]

Structure and appointment

The Chief Justice of Namibia presides over the Supreme Court. He is supported by Judges of Appeal. All Supreme Court judges are appointed by the president on recommendation by the Judicial Service Commission. The {{As of|2010|alt=present}} Chief Justice is His Lordship Peter Shivute.[1]

Notable cases

  • In 1991 the court confirmed the prohibition of corporal punishment at state schools. It also clarified that this prohibition applies independent of parent's approval or disapproval of the measurement, and even if the pupil themselves agree to be punished in this way.[6]
  • In a civil matter spinning off from the Caprivi treason trial the Supreme Court of Namibia ordered government in 2002 (Government of Namibia and Others vs. Mwilima and Others) to provide the treason suspects with legal representation.[7] In 2010 the court was again involved in this trial, ruling (State vs. Malumo and 24 Others) that confessions from 25 accused are inadmissible before the High Court in Windhoek due to the occurrence of "coercive actions" at the hands of Police or military to obtain the testimonies.[8]
  • In 2009 the Supreme Court found that a 2000 agreement on the expansion of the coastal holiday settlement of Wlotzkasbaken (Erongo Regional Council and Others v Wlotzkasbaken Home Owners Association and Another) was unilaterally and unlawfully changed by the Erongo Regional Council, and decided in favour of the home owners.[9]

References

1. ^{{cite web|title=History of the Supreme Court of Namibia|publisher=Supreme Court of Namibia|url=http://www.superiorcourts.org.na/supreme/history.html|accessdate=24 November 2010}}
2. ^{{cite news|title=Justice remains a pillar of Namibia's democracy: Chief Justice|newspaper=Government Informational Bulletin|date=March 2010|publisher=Government of Namibia, Ministry of Information and Communication Technology|url=http://209.88.21.36/opencms/export/sites/default/grnnet/MIB/archive/publication/docs/10-0272-MIIB-Bulletin.pdf}}
3. ^{{cite web |title = Windhoek Supreme Court |publisher = Windhoek Consulting Engineers |url = http://www.wcenamibia.com/index.php?option=com_content&view=article&id=95:windhoek-supreme-court&catid=62:structural&Itemid=125 |accessdate = 24 November 2010 |deadurl = yes |archiveurl = https://www.webcitation.org/6Czf4TFcY?url=http://www.wcenamibia.com/index.php?option=com_content |archivedate = 18 December 2012 |df = dmy-all}}
4. ^{{cite web |title = Virtual tour through the Supreme Court |publisher = Supreme Court of Namibia |url = http://www.superiorcourts.org.na/supreme/vtour.html |accessdate = 26 November 2010 |deadurl = yes |archiveurl = https://www.webcitation.org/6Czf4xcqB?url=http://www.superiorcourts.org.na/supreme/vtour.html |archivedate = 18 December 2012 |df = dmy-all}}
5. ^{{cite web |title = Windhoek on Foot |publisher = Venture Publications |url = http://www.holidaytravel.com.na/ct/central_towns.php?sub_id=192 |accessdate = 24 November 2010 |deadurl = yes |archiveurl = https://www.webcitation.org/6Czf60DhW?url=http://www.holidaytravel.com.na/ct/central_towns.php?sub_id=192 |archivedate = 18 December 2012 |df = dmy-all}}
6. ^{{Cite news | title=School beatings ruled illegal | last=Menges | first=Werner | newspaper=The Namibian | date=6 September 2016 | page=3 | url=http://www.namibian.com.na/School-beatings-ruled-illegal/45084/read}}
7. ^{{cite web|title=Appeal Judgment: Government of Namibia and Others vs. Mwilima and Others|publisher=Supreme Court of Namibia|url=http://www.superiorcourts.org.na/supreme/judgments/civil.asp|date=7 June 2002}}
8. ^{{cite web|title=Appeal Judgment: State vs. Malumo and 24 Others|last1=Maritz|first1=Gerhard|last2=Strydom|first2=Johan|last3=Mtambanengwe|first3=Simpson|publisher=Supreme Court of Namibia|url=http://www.superiorcourts.org.na/supreme/judgments/recent.asp|date=14 September 2010}}
9. ^{{cite web|url=http://www.saflii.org/na/cases/NASC/2009/2.html|title=Erongo Regional Council and Others v Wlotzkasbaken Home Owners Association and Another|date=17 March 2009|publisher=Supreme Court of Namibia|accessdate=11 August 2011}}

Further reading

  • {{cite journal

|title=The structure of the Namibian judicial system and its relevance for an independent judiciary
|last=Amoo
|first=Sam K
|page=76
|year=2008
|publisher=Konrad Adenauer Stiftung
|url=http://www.kas.de/upload/auslandshomepages/namibia/Independence_Judiciary/amoo.pdf}}{{Africa topic|Supreme Court of|title=Supreme Courts of Africa|countries_only=yes}}{{Coord|22.5689|S|17.0861|E|source:kolossus-dewiki|display=title}}{{Use dmy dates|date=November 2010}}{{DEFAULTSORT:Supreme Court Of Namibia}}

4 : Supreme Court of Namibia|Judiciary of Namibia|Buildings and structures in Windhoek|National supreme courts

随便看

 

开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。

 

Copyright © 2023 OENC.NET All Rights Reserved
京ICP备2021023879号 更新时间:2024/11/12 4:53:22