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Integrity Scorecard

2007 Assessment

Namibia: Integrity Indicators Scorecard

Namibia: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	58
34	Can members of the judiciary be held accountable for their actions?	100
35	Are there regulations governing conflicts of interest for the national-level judiciary?	0
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Constitution of the Republic of Namibia, Article 82, [ LINK ]

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: Some of the applicable criteria include legal professional qualifications, extensive experience, highly successful track record in the legal practice, ability to apply common sense, etc.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre, previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: According to Article 82 (1) of Constitution of the Republic of Namibia, all appointments of judges to the Supreme Court and the High Court are made by the president on the recommendation of the Judicial Service Commission. Upon appointment, judges shall make an oath or affirmation of office.

References: There is no specific requirement and/or institutional framework to this effect.

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: This is a requirement deriving from the common law custom.

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: It is the Judicial Service Commission, as provided for in terms of Article 85 of the Constitution of the Republic of Namibia.

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: Concerns were, however, expressed regarding the composition of the Judicial Services, which in terms of Article 85 (1) comprises of the Chief Justice, a judge appointed by the president, the Attorney-General and two members of the legal profession nominated in accordance with the provisions of an Act of Parliament by the professional organization or organizations representing the interests of the legal profession in Namibia.

References: Provisions of Article 78 (2 & 3) of the Constitution of the Republic of Namibia, which establishes the Judiciary's basis for independence.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

The Namibian Newspaper, Menges W. Oct. 15, 2005, Pio Teek Retires as Judge in the Wake of Rape Charges, [ LINK ]

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Although the Magistrate Services Commission is empowered to impose penalties, cases have however not arisen for these mechanisms to be tested in practice.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: There are no legal provisions to this effect.

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: There are no legal provisions and/ or requirements to this effect.

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: There are no legal provisions and/or requirements to this effect.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: There are no legal restrictions and/or requirements to this effect.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: There are no such restrictions and/or requirements in law.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: There are no such requirements and/or provisions in law.

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: Such a disclosure process does not exist.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Such a disclosure process does not exist.

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: Such a disclosure process does not exist.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: Such a disclosure process does not exist.

References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek

Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek