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JANUWORRY DISEASE: CONSUMER PROTECTION IN A DESPERATE AND GULLIBLE SOCIETY

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RECOGNITION, EFFECT, AND PROTECTION OF CUSTOMARY LAW AND RIGHTS

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CAREER OPTIONS IN LAW: TRADITIONAL JOBS v LAWYERPRENEURSHIP

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HAVE YOU SEEN JOAN IS AWFUL? AI LESSONS FOR LAWYERS FROM AN UNLIKELY SOURCE

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CUSTOMARY LAW v ‘STATE’ LAWS: INTERROGATING THE NOTION OF EQUALITY OF LAWS

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WHY I DO WHAT I DO – A CALLING TO PROMOTE LAW AND ACCESS TO JUSTICE

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SJAMBOKED ASIDE: LABOUR LAW ON VIOLENCE AND HARASSMENT IN THE WORKPLACE

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A JOKE OF A THOUSAND CONSTITUTIONAL VIOLATIONS

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A CONDOM TENDER THAT BURST AND SPEWED SHORTCOMINGS

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HUMAN RIGHTS IN THE RECRUITMENT PROCESSES: EMERGENCE OF THE RIGHT TO HOPE

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WHEN IS THE LAW WHAT IT IS, AND WHEN IS IT WHAT IT OUGHT TO BE? – A TALE OF TWO JUDGMENTS

WHEN IS THE LAW WHAT IT IS, AND WHEN IS IT WHAT IT OUGHT TO BE? – A TALE OF TWO JUDGMENTS The morning of 16 May 2023 was no […]

TO WHAT EXTENT CAN PERSONAL CONDUCT OF LEGAL PROFESSIONALS AFFECT THEIR PROFESSION?

Following a cultural festival hosted by Damara women over the first weekend of April 2023, a Senior Legal Aid counsel (legal aid counsel/counsel) tweeted on her personal Twitter account that […]

FACING EXTINCTION: IS CUSTOMARY LAW GOING TO FADE OR THRIVE IN THE NEXT 50 YEARS?

Customary law is the unwritten portion of the law that is applied orally by traditional communities and passed down through generations; it is dynamic and changes depending on a society’s […]

ACCESS TO LAW AND JUSTICE REQUIRES AND CALLS FOR MORE ACTION

When people say your life can change in the blink of an eye, they mean it. When I look back at the events of the past two weeks, I can […]

A JOKE OF A THOUSAND VIOLATIONS – PHYSICAL ABUSE IN THE WORKPLACE

On Sunday, 26 February 2023, I came across a disturbing news alert that read “Rundu service station employees ‘beaten’ by boss in exchange for loans.” It was highlighted that an […]

MILLION-DOLLAR TENDER EXPOSES CRACKS IN THE PROCUREMENT AND RELATED PROCESSES

In January 2023, the media reported that the Central Procurement Board of Namibia (the Board) awarded a procurement of N$650 million for the supply and delivery of clinical products to […]

COURT WARNS LEGAL PRACTITIONERS OF ‘CULPABLE INACTIVITY’ 

The practice of law in the courts of law is an onerous and risky business. By representing people in courts of law or similar forums, a legal practitioner takes responsibility […]

LEGALITIES OF THE PRACTICE OF DISPROPORTIONATELY SHORTLISTING APPLICANTS – A DEEPER LOOK AT UNEMPLOYMENT CRISIS IN NAMIBIA

It is our understanding that after gathering CVs, an organization must narrow down the selection by screening the applicants who meet the minimum requirements and preferred qualifications. Applicants who meet […]

IS IT ALL ABOUT THE MONEY? – THE CASE OF PRO BONO WORK IN NAMIBIA

IS IT ALL ABOUT THE MONEY? – THE CASE OF PRO BONO WORK IN NAMIBIA My decision to study law was based on the perception that lawyers make a lot […]

SELF-ACTORS IN THE JUSTICE SYSTEM: A PRIVILEGE TO BE EXERCISED WITH CAUTION

On 16 April 2014, a new set of Rules for the High Court of Namibia made under section 39 of the High Court Act, 16 of 1990 came into force, […]

MISAPPROPRIATION OF FUNDS AT COMMUNITY CONSERVANCIES

When it comes to conservation of natural resources, Namibians can celebrate the fact that that community conservation has been a success story. This is because the Constitution provides for environmental […]

LESSONS FROM MWIYA v MINISTER OF SPORTS SETTLEMENT

LESSONS FROM MWIYA v MINISTER OF SPORTS SETTLEMENT The proverbial David v Goliath idiom often finds application in jurisprudence, in general, and, in the Administrative Law vis-à-vis Corporate Governance, and […]

COURT DECORUM ON DISPLAY

COURT DECORUM ON DISPLAY The use of television cameras in the Namibian courtroom can be traced back to 2010 when the High Court and Supreme Court granted such access to […]

BEING FOUND IN NAMIBIA WITHOUT PROPER DOCUMENTS

There is a common occurrence that I have observed in Namibia of people being found without proper or legal documents. The archives are literally littered with such reports as I […]

LOCAL AUTHORITIES MAY BE HELD ACCOUNTABLE ONE WAY OR THE OTHER

In February 2022, the media was awash with reports of residents of Katima Mulilo town complaining of and blaming the Town Council for failing to maintain the road, which were […]

LAW IS, AND SHOULD BE USED AS A TOOL TO SHAPE SOCIETY

Article 140 of the Constitution of Namibia provides that “subject to the provisions of this Constitution, all laws which were in force immediately before the date of Independence shall remain […]

FIMA’S MANDATORY PRESERVATION – A CRY FOR COMPREHENSIVE SOCIAL PROTECTION

FIMA’S MANDATORY PRESERVATION – A CRY FOR COMPREHENSIVE SOCIAL PROTECTION A lot of things stirred public emotions in recent years, notably, Fishrot and the proposed mandatory preservation of retirement funds […]

THE ARCHAIC ADMIRALTY JURISDICTION LAWS OF NAMIBIA

THE ARCHAIC ADMIRALTY JURISDICTION LAWS OF NAMIBIA When I hear the 1800s, the first thing that comes to my mind is the infamous Berlin conference of 1884 when European superpowers […]

CAN A CRIMINAL CASE RUN SIMULTANEOUSLY WITH A CIVIL CASE?

CAN A CRIMINAL CASE RUN SIMULTANEOUSLY WITH A CIVIL CASE? We wake up every day to find so many reports of crimes allegedly committed and civil lawsuits instituted by and […]

THE EFFECT OF AN ADVERSARIAL SYSTEM ON ALTERNATIVE DISPUTE RESOLUTION

THE EFFECT OF AN ADVERSARIAL SYSTEM ON ALTERNATIVE DISPUTE RESOLUTION In a recent judgment of Kahuure v Kahuure (1 November 2022), the High Court stated in respect of a late […]

IN OR OUT OF COMMUNITY OF PROPERTY: A DECISION TO BE MADE INTENTIONALLY AND GEOGRAPHICALLY

IN OR OUT OF COMMUNITY OF PROPERTY: A DECISION TO BE MADE INTENTIONALLY AND GEOGRAPHICALLY In my preceding article, I promised to explore the notion that the decision to marry […]

NOT EVERYTHING NEEDS TO GO TO COURT – ABUSE OF COURT PROCESS IS REAL!

NOT EVERYTHING NEEDS TO GO TO COURT – ABUSE OF COURT PROCESS IS REAL! The former POTUS, Donald Trump was known for his love to sue, and for threatening to […]

IN-HOUSE LAWYERS VIS-A-VIS THEIR COUNTERPARTS IN PRIVATE PRACTICE

IN-HOUSE LAWYERS VIS-A-VIS THEIR COUNTERPARTS IN PRIVATE PRACTICE A career in law is usually cemented by the admission of one as a Legal Practitioner in terms of the Legal Practitioners […]

ENFORCE ALL LAWS, FOR SOVEREIGNTY’ SAKE

ENFORCE ALL LAWS, FOR SOVEREIGNTY’ SAKE Article 1 of the Namibia Constitution establishes the Republic of Namibia as (1) a sovereign, secular, democratic, and unitary State founded upon the principles […]

UNDERSTANDING FUNDAMENTAL RIGHTS AND FREEDOMS

UNDERSTANDING FUNDAMENTAL RIGHTS AND FREEDOMS The maxim ignorantia Juris non-excusat or ignorantia legis neminem excusat is Latin for “ignorance of the law excuses not” or “ignorance of the law excuses […]

IS THE SUPREME COURT THE LAST RESORT, OR IS IT PARLIAMENT?

IS THE SUPREME COURT THE LAST RESORT, OR IS IT PARLIAMENT? Article 78(1)(a) – (c) of Chapter 9 of the Constitution provides that judicial power shall be vested in the […]

THE ROLE OF PUBLIC INTEREST IN THE ADMINISTRATION OF JUSTICE

THE ROLE OF PUBLIC INTEREST IN THE ADMINISTRATION OF JUSTICE A law student once quipped, ‘if I do not know the answer to a question, my answer is always that […]

IS PRIVATE PROSECUTION A WILD DREAM FOR NAMIBIA?

IS PRIVATE PROSECUTION A WILD DREAM FOR NAMIBIA? Article 88(1) of the Constitution of Namibia states that there shall be a Prosecutor-General appointed by the President, who shall in terms […]

UNDERSTANDING THE RELATIONSHIP BETWEEN LABOUR LAW AND SOCIAL SECURITY LAW

UNDERSTANDING THE RELATIONSHIP BETWEEN LABOUR LAW AND SOCIAL SECURITY LAW The International Labour Organization (ILO) is the repository of laws relating to Labour and Social Security. It sets out the […]

WHETHER THE LAW PROVIDES FOR PREFERENTIAL TREATMENT ON ACCOUNT OF PATRIOTIC CREDENTIALS?

WHETHER THE LAW PROVIDES FOR PREFERENTIAL TREATMENT ON ACCOUNT OF PATRIOTIC CREDENTIALS? Commenting on the Capitol riots of 6 January 2021, Trevor Noah, of The Daily Show posted ‘it’s so […]

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