Namibia · Overview
The legal system of Namibia
Namibia was administered by South Africa until 1990, so its Roman-Dutch common law arrived through South African statute and precedent, and pre-independence law remained in force except where inconsistent with the new constitution. Older Namibian and South African authority are therefore often cited interchangeably, which can mislead — the constitutional overlay changes the outcome in rights cases. Customary law is recognised and administered through traditional authorities and community courts, valid so far as it does not conflict with the constitution.
Legal tradition
Namibia belongs to the mixed roman-dutch and english common law tradition. Namibia was administered by South Africa until 1990, so its Roman-Dutch common law arrived through South African statute and precedent, and pre-independence law remained in force except where inconsistent with the new constitution. Older Namibian and South African authority are therefore often cited interchangeably, which can mislead — the constitutional overlay changes the outcome in rights cases. Customary law is recognised and administered through traditional authorities and community courts, valid so far as it does not conflict with the constitution.
How power is divided
Unitary with 14 administrative regions and elected regional councils, which also constitute the National Council, the upper chamber. Traditional authorities exercise recognised functions over communal land and customary law.
Where law comes from
- Constitution
- Supreme law; the rights chapter is entrenched against diminishing amendment.
- Acts of Parliament
- Primary legislation of the National Assembly.
- Pre-independence law
- South African-derived law carried over where constitutionally compatible.
- Roman-Dutch common law
- Substantive private law of contract, delict and property.
- Customary law
- Applied by community courts, subject to the constitution.
- International law
- Article 144 makes general international law and binding treaties part of Namibian law directly.
The legal profession
A fused profession under the Legal Practitioners Act: a single class of legal practitioner is admitted after a law degree and the Justice Training Centre's postgraduate course, and the Law Society of Namibia regulates practice.
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