High Court of Namibia
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| High Court of Namibia | |
|---|---|
| Established | 1990 |
| Jurisdiction | Namibia |
| Location | Windhoek (Main Division); Oshakati (Northern Local Division) |
| Composition method | Appointment by the President of Namibia on recommendation of the Judicial Service Commission |
| Authorized by | Constitution of Namibia, article 80; High Court Act, 1990 |
| Appeals to | Supreme Court of Namibia |
| Appeals from | Magistrates’ courts and other lower courts |
| Number of positions | Not fixed |
| Website | ejustice |
| Judge-President | |
| Currently | Petrus T. Damaseb |
The High Court of Namibia is a superior court created by article 80 of the Constitution of Namibia and given statutory form by the High Court Act, 1990 (Act 16 of 1990). It has original jurisdiction over civil disputes and criminal prosecutions, including cases that turn on the Constitution and the fundamental rights and freedoms in Chapter 3. It also hears appeals from the lower courts. Appeals from the High Court go to the Supreme Court of Namibia. Decisions of the Supreme Court bind the High Court unless the Supreme Court itself reverses them or Parliament lawfully contradicts them (article 81).[1]
Article 78 vests judicial power in three tiers: the Supreme Court, the High Court and the lower courts (magistrates’ courts and other courts created by statute). The Chief Justice of Namibia—as of 2026 Peter Shivute—supervises the judiciary and sets norms for judicial work. The Judge-President of the High Court is Deputy Chief Justice and sits ex officio on the Supreme Court.[2]
Constitution and statute
Article 80(1) states that the High Court consists of a Judge-President, such deputy judges-president and such additional judges as the President, acting on the recommendation of the Judicial Service Commission (JSC), may determine. Article 80(2) gives original civil and criminal jurisdiction and appellate jurisdiction from lower courts. Article 80(3) leaves the detail of appeals to an Act of Parliament—the High Court Act, assented to on 5 October 1990 and published in Government Gazette 85 on 8 October 1990.[3]
The Act has been amended by, among others, the Legal Practitioners Act, 1995; the Judicial Service Commission Act, 1995; the Appeal Laws Amendment Act, 2001; and High Court Amendment Acts of 2002, 2011 and 2013 (the last brought into force on 4 February 2014). Those amendments deal with divisions of the court, local seats and related procedure.
Judges are appointed by the President on JSC recommendation and take the oath in Schedule 1 to the Constitution. Recommendations may come from the Law Society of Namibia, the Chief Justice, the Judge-President and other legal bodies. A candidate is expected to hold a law degree and to have been a judge or to have at least five years’ experience as an advocate, legal practitioner or magistrate.[4]
Divisions and how a court sits
Section 2A of the High Court Act provides for divisions. In practice the court sits in two places:
- Main Division, Windhoek, Khomas Region
- Northern Local Division, Oshakati, Oshana Region
A first-instance civil matter is ordinarily heard by one judge. The Judge-President, or in that office’s absence the senior available judge, may send a matter to a full court. Criminal appeals from magistrates are typically heard by two judges. The size of the bench is not fixed in the Constitution.
As of 2026 the Judge-President is Judge Petrus T. Damaseb and the Deputy Judge-President is Judge Hosea Angula. The official judges list published by the superior courts also names additional puisne judges; foreign judges have been appointed on contract or in an acting capacity when the civil roll in Windhoek or Oshakati has been short. In the opening of the 2026 legal year the Chief Justice said the Main Division civil stream had at times been down to seven judges (excluding deputy presidents) and the Northern Local Division civil stream to a single judge.[5]
Administration
The Office of the Judiciary is a public-service office. An executive director, appointed by the Prime Minister on the Chief Justice’s recommendation, runs administration and finance. The office is at 25 Schönlein Street, Windhoek West. The High Court uses the eJustice electronic case system (ejustice.moj.na / ejustice.jud.na).
Relation to other courts
- The Supreme Court is the final court of appeal and has limited original jurisdiction (including presidential-election disputes).
- Magistrates’ courts and other lower courts try most first-instance criminal and smaller civil matters; their appeals and reviews go to the High Court.
- Customary and community forums operate under separate statutes and are not a division of the High Court.
See also
- Supreme Court of Namibia
- Constitution of Namibia
- Judicial Service Commission (Namibia)
- Peter Shivute
- Law Society of Namibia
- Windhoek
- Oshakati
- Katutura State Hospital
- National Assembly of Namibia
References
- ↑ "Constitution of Namibia, Chapter 9". CODICES. Retrieved 2 September 2026.
- ↑ "Office of the Judiciary". Retrieved 2 September 2026.
- ↑ "High Court Act 16 of 1990". NamibLII. Retrieved 2 September 2026.
- ↑ "Namibia". Judiciaries Worldwide, Federal Judicial Center. Retrieved 2 September 2026.
- ↑ "Address by the Chief Justice at the opening of the 2026 legal year" (PDF). Office of the Judiciary. 5 February 2026. Retrieved 2 September 2026.
External links
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