Judicial system of Namibia

The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts.

The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. There are several lower courts in Namibia. They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts.

Magistrates' courts deal with the most cases in the entire legal system. They are manned by magistrates who are employed by the Ministry of Justice. The decisions of magistrates' courts are written down; however, they are not recorded in any law report. The decisions have to be written in case either party to the proceedings feel prejudiced by the outcome and wants to go on appeal or review to the High Court. They are created by the Magistrates' Court Act no. 32 of 1944. The magistrates are governed by the Magistrates Act 3 of 2003.

Arbitration tribunals are established by section 85 of the Labour Act No. 11 of 2007. Arbitration tribunals operate under the auspices of the Labour Commissioner. They deal with labour disputes, mainly arising from alleged contraventions of the Labour Act.

Community courts, which apply customary law, were created by the Community Courts Act 10 of 2003. Prior to this date these courts operated informally without recognition as part of the legal system. These developments are extension of art 66 of the Constitution which holds that both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law. The courts have no reporting system, as the laws that they apply are very dynamic and may not be applied the same in any number of cases heard before them.

The regional courts are the least used lower courts, and are slowly becoming obsolete.

The High Court is situated in the capital Windhoek but may, at the discretion of the Judge President, hold its sessions elsewhere in the country. The High Court building in downtown Windhoek was inaugurated in 1960 and is currently^[update] undergoing renovations and expansions.

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