Business law in Namibia

Legal Framework

Independence of Justice

The independence of the judiciary is guaranteed by the Article 78 of the Namibian Constitution. The Judiciary Act of 2005 created an independent body of the Judiciary, separating it from the Ministry of Justice. Prior to the establishment of the Act, the Ministry of Justice was responsible for providing support to the Judiciary. The Namibian judiciary has been constantly ranked among the freest in Sub-Saharan Africa by the World Economic Forum (Judicial Independence Index). In fact, it was ranked first in the region in 2017, ahead of South Africa.

Equal Treatment of Nationals and Foreigners

Equality before the law is guaranteed by the Article 10 of the Namibian Constitution whereas the right to fair trial is protected by the Article 12.

The Language of Justice

English

Recourse to an Interpreter

The Namibian Constitution permits the use of a language other than English for judicial purposes through legislation by Parliament (Article 3). Nevertheless, no initiative has been taken in this regard by the Namibian Parliament despite the linguistic diversity of the country (Oshiwambo, Nama, Afrikaans and German)

Sources of the Law and Legal Similarities

The Namibian legal system is characterised by legal pluralism. It is a mix of the Westminster-style Constitutional law, Roman-Dutch common law, customary law and international law. The legal system was largely shaped by the South African rule between 1915 and 1989 and has not been modified extensively since Namibia gained independence. The German rule from 1884 to 1915 did not leave significant traces in the legal system.

Checking National Laws Online

Legal Database - The Namibian Parliament
Namibia Law