The Law Of Pre Trial Criminal Procedure In Namibia

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The Law Of Pre Trial Criminal Procedure In Namibia


The Law Of Pre Trial Criminal Procedure In Namibia
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The Law Of Pre Trial Criminal Procedure In Namibia


The Law Of Pre Trial Criminal Procedure In Namibia
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Author : Mapaure, Clever
language : en
Publisher: University of Namibia Press
Release Date : 2016-01-29



The Law Of Pre Trial Criminal Procedure In Namibia written by Mapaure, Clever and has been published by University of Namibia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-29 with Law categories.


The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforcement officers, and the procedures of the courts in criminal cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces readers to the fundamental principles and values underlying Namibian criminal law, through a systematic examination of the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) as amended, which was originally passed by the legislature of South Africa, and still regulates criminal procedure in Namibia, the amendments to it since 1990, and relevant Namibian Case Law. The book captures and discusses the law relating to the pre-trial criminal process in Namibia in detail, from the roles of the prosecutor and the police, search, seizure and forfeiture, interrogation, notices and summons, arrest, court appearance, bail, criminal charges, disclosure, diminished capacity, right to assistance, to pleas and plea-bargaining.

Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution


Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: Pretoria University Law Press
Release Date : 2021-10-01



Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.


This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Principles Of Namibian Criminal Law


Principles Of Namibian Criminal Law
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Author : Dunia Zongwe
language : en
Publisher: African Books Collective
Release Date : 2022-02-14



Principles Of Namibian Criminal Law written by Dunia Zongwe and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-14 with Law categories.


This book reveals the oil that greases the wheels of one of Africa's best criminal justice systems. Principles of Namibian Criminal Law distils the major principles that help people answer this one big, life-defining question: Is the accused guilty? In 14 chapters, this book discusses principles that govern matters such as punishment, criminal liability, causation, unlawfulness, culpability, participation in crimes, and incomplete crimes. Largely inherited from South Africa, the principles of Namibian criminal law emanate mostly from common law and case law. Particularly, case law has been the channel through which lawyers in Namibia have, since Independence on 21 March 1990, molded their own criminal law doctrines. For that reason, this book heavily relies on the court cases that Namibian courts have forged since then. It showcases Namibia's South African heritage while giving pride of place to Namibia's homegrown jurisprudence - from the rules concerning corporate liability to the very definition of an 'accused'. Principles of Namibian Criminal Law will prove especially useful to law students who need to grasp the first principles of Namibian criminal law and to learn to think like lawyers, and to the seasoned practitioners (judges, attorneys, prosecutors, and police officers) who need to refresh their memories. The book should also serve the researchers and the comparatists looking for a window into how criminal justice actors think and resolve issues to make Namibia one of the continent's safest countries.

An Introduction To Namibian Law


An Introduction To Namibian Law
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Author : Amor, S.K.
language : en
Publisher: University of Namibia Press
Release Date : 2019-04-15



An Introduction To Namibian Law written by Amor, S.K. and has been published by University of Namibia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.


The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence in 1990, Namibian legal practitioners, academics and students lecturing and studying law at the University of Namibia (UNAM) still do not have a truly Namibian reference book. Instead, they rely heavily on legal literature from South Africa and other countries. An Introduction to Namibian Law is an attempt to bridge this gap by introducing law academics, lecturers and students to the most important aspects of Namibian law. It explains the origin of the country's law and looks at the various influences over the years. The book contains material covered in various UNAM courses, such as Jurisprudence, Introduction to Cases, Comparative Law, Constitutional and Administrative Law, Interpretation of Statutes, and Civil and Criminal Procedure. It also contains various extracts in support of legal arguments, in which legal concepts are illustrated and thoroughly explained, as well as sample legal forms. Full accounts of certain cases are included to give students of Namibian law a depth of understanding of how Namibian law has been applied over the years.

The Right To A Fair Trial In International Law


The Right To A Fair Trial In International Law
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Author : Amal Clooney
language : en
Publisher: Oxford University Press
Release Date : 2021-02-11



The Right To A Fair Trial In International Law written by Amal Clooney and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.


The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

Global Capital S 21st Century Repositioning


Global Capital S 21st Century Repositioning
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Author : Rewai Makamani
language : en
Publisher: African Books Collective
Release Date : 2021-03-11



Global Capital S 21st Century Repositioning written by Rewai Makamani and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Social Science categories.


What happens at the interface between Afrocentricity and COVID-19 is cause for wonder in a world that is anxious to short circuit global solidarity by trampling Pan-Africanism. Revolutions, including the Fourth Industrial Revolution, are rarely contextualised within the framework of Pan-Africanism and Afrocentricity even when they are celebrated as beneficial to the world. Interfacing Afrocentricity, COVID-19, Pan-Africanism and the Fourth Industrial Revolution, this book teases out the profound challenges of the 21st century. Calling for African solutions premised on African solidarity, the book critically engages the contemporary technological solutionism and technological evangelism that undergirds the Fourth Industrial Revolution and efforts to find vaccines for COVID-19. Unflinchingly interrogating these issues, the book is useful for scholars and activists in education, African languages, sociology, social anthropology, political science, history, religious studies, development studies, communication, medical sciences and legal studies.

Presumption Of Guilt


Presumption Of Guilt
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Author : Open Society Justice Initiative
language : en
Publisher: Open Society Inst
Release Date : 2014-03-15



Presumption Of Guilt written by Open Society Justice Initiative and has been published by Open Society Inst this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-15 with Political Science categories.


Presumption of Guilt examines the excessive use of pretrial detention: the practice of jailing criminal defendants without trial. Around the world, millions of people who should be presumed innocent are held in pretrial detention for months or even years while they await trial. Many pretrial detainees are held in appalling conditions, tortured, denied medical care and access to a lawyer, and exposed to disease; they can lose their homes, jobs, and even families. The excessive use of pretrial detention is a massive, globalbut overlookedhuman rights violation.