Namibia

Top Namibian court slams capital’s municipality over rule of law transgressions

Unlawful action by the municipality of Namibia’s capital city, Windhoek, has been slammed by the Supreme Court, whose judges said the municipality’s ‘resort to self-help’ transgressed the country’s commitment to the rule of law. They were deciding an appeal related to the municipality’s actions against Paratus, a licensed telecommunications company that was installing fibre optic cables in the city.

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The municipality of Windhoek has come in for serious criticism by Namibia’s Supreme Court for ‘deplorable’ abuse of power and acting outside the rule of law in such a way as to warrant the ‘severe censure’ of the court.

Namibia’s apex court confirms new trend in media freedom cases

In a new judgment of extraordinary importance for freedom of expression and media freedom in Namibia, that country’s highest court has confirmed the development of the common law to give greater protection to the Namibian media so that, as the court put it, its ‘important democratic role of providing information to the public is not imperilled by the risk of defamation claims.’

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This new judgment illustrates how Namibia’s highest court is determined to protect media freedom, given its constitutional importance in that country. But behind the theoretical questions lie contested facts concerning the fate of three elephants, and a defamation case against the Namibian Sun, arising out of this dispute.

State of the judiciary: new report on Malawi, Namibia, South Africa

For many judges it will come as a relief to hear some good news for once, in the form of largely positive public perception about the judiciary and its role in society. The good news emerges from a just-published report on the state of the judiciary in Malawi, Namibia and South Africa. Every member of the bench in those three countries will be only too well aware of the short-comings of their own judicial system, exacerbated by the restrictions imposed by the Covid pandemic, among a number of other problems.

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One of the key issues on the minds of everyone concerned about justice in the three countries examined by the new report, Malawi, Namibia and South Africa, is the extent of corruption, perceived or real, in the legal system, the courts and the judiciary.

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