Rights
1990 Constitution with entrenched Chapter 3 rights and a Supreme Court apex
Namibia's 1990 Constitution followed UN-supervised independence and entrenches Chapter 3 fundamental rights, several of which cannot be diminished by amendment at all. Article 66 gives customary law and the common law equal force so far as they do not conflict with the Constitution. The Supreme Court is final; the High Court hears constitutional matters at first instance.
Key rules
- Jurisdiction — The High Court hears constitutional challenges; the Supreme Court in Windhoek is final.
Governing law
- Constitution of Namibia 1990 — Chapter 3; art 66 (customary and common law); art 131entrenchment
- Supreme Court Act 15 of 1990
In practice
Article 131 is unusual: it makes the Chapter 3 rights unamendable in a way that reduces their protection, so the Constitution places substantive limits on the constituent power itself. The Supreme Court has used Chapter 3 actively, including in Digashu and Seiler-Lilles (2023) recognising same-sex marriages concluded abroad.