Prosecutor General of Namibia
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| Prosecutor-General of Namibia | |
|---|---|
 | |
Incumbent Martha Imalwa (acting) since 1 January 2026 (acting) | |
| Office of the Prosecutor-General | |
| Reports to | Attorney General of Namibia (final responsibility) |
| Seat | Windhoek |
| Appointer | President of Namibia on the recommendation of the Judicial Service Commission |
| Constituting instrument | Constitution of Namibia, articles 88 and 88A |
| Formation | 1990 |
| First holder | Hans Heyman |
The Prosecutor-General of Namibia is the officer who prosecutes criminal cases in the name of the Republic. The office is created by article 88 of the Constitution of Namibia. The President appoints the Prosecutor-General on the recommendation of the Judicial Service Commission. The Attorney General of Namibia “exercises the final responsibility” for the office (article 87) but does not conduct or direct individual prosecutions.[1][2]
Qualifications and powers
No one may be appointed unless that person holds legal qualifications that entitle practice in all courts of Namibia and is, by experience, conscientiousness and integrity, a fit and proper person for the office.[1][3]
Article 88(2) gives the Prosecutor-General power to prosecute in the name of the Republic; to prosecute and defend criminal appeals in the High Court of Namibia and the Supreme Court of Namibia; to do all things incidental to those powers; to delegate, under control and direction, authority to conduct criminal proceedings; and to perform any other function assigned by law.[4]
The Judicial Service Commission Act, 1995 treats the Prosecutor-General as a “judicial office” for appointment purposes, together with judges, the Judge-President and the Ombudsman.[5][6]
Removal
Article 88A, inserted by the Namibian Constitution Third Amendment Act, 2014 (Act 8 of 2014), allows the President to remove a Prosecutor-General before the end of a term only on the JSC’s recommendation, and only for incapacity or gross misconduct. The Commission must first set up a tribunal of at least three people who hold or have held judicial office; that tribunal reports; the Commission then deliberates and may recommend removal.[7][8]
Holders
Hans Heyman was the first Prosecutor-General, from March 1990 until November 2002. John Walters acted in 2002–2003. Martha Imalwa (official notices also use Olyvia Imalwa) was appointed in 2004 for ten years; the contract was extended in 2013 for seven years and in December 2020 for five years, ending 31 December 2025.[9][10]
On 5 December 2025 the Judicial Service Commission announced that President Netumbo Nandi-Ndaitwah had appointed Imalwa acting Prosecutor-General from 1 January to 31 December 2026 while a successor was recruited.[11][12]
In May–June 2026 candidates were shortlisted; the Commission then said none of eight applicants had met the written-assessment standard and that recruitment would start again. Imalwa said she expected to leave at the end of 2026.[13][14]
See also
- Attorney General of Namibia
- Judicial Service Commission (Namibia)
- High Court of Namibia
- Supreme Court of Namibia
- Constitution of Namibia
- Law Society of Namibia
- Martha Imalwa
- Netumbo Nandi-Ndaitwah
- Peter Shivute
References
- ↑ 1.0 1.1 "Constitution of Namibia". NamibLII. Retrieved 2 September 2026.
- ↑ "The Constitution of the Republic of Namibia, Chapter 9". Konrad-Adenauer-Stiftung. Retrieved 2 September 2026.
- ↑ "Namibia's Constitution of 1990 with Amendments through 2014" (PDF). constituteproject.org. Retrieved 2 September 2026.
- ↑ "Constitution of the Republic of Namibia" (PDF). Ministry of Information and Communication Technology. Retrieved 2 September 2026.
- ↑ "Judicial Service Commission Act 18 of 1995" (PDF). Namibia Superior Courts. Retrieved 2 September 2026.
- ↑ "Government and the judiciary (summary)" (PDF). Legal Assistance Centre. Retrieved 2 September 2026.
- ↑ "Constitution of Namibia – annotated edition (art. 88A)" (PDF). Konrad-Adenauer-Stiftung. 2021. Retrieved 2 September 2026.
- ↑ "Judicial Service Commission Regulations, 2011". NamibLII. Retrieved 2 September 2026.
- ↑ "Five shortlisted for PG position". The Namibian. 5 May 2026. Retrieved 2 September 2026.
- ↑ "Shifting sands of the PG's tenure". The Issue. December 2025. Retrieved 2 September 2026.
- ↑ "Appointment of Acting Prosecutor-General" (PDF). Office of the Judiciary. 5 December 2025. Retrieved 2 September 2026.
- ↑ "Judicial Service Commission". Namibia Superior Courts. Retrieved 2 September 2026.
- ↑ "No one makes the cut in PG race – JSC". The Namibian. 10 June 2026. Retrieved 2 September 2026.
- ↑ "Imalwa set to exit as PG as JSC restarts recruitment process". The Namibian. 11 June 2026. Retrieved 2 September 2026.
External links
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