Related documents
- Is amended by Judicial Service Commission Act, 1995
- Is amended by Appeal Laws Amendment Act, 2001
- Is amended by Supreme Court Amendment Act, 2002
Supreme Court Act, 1990
Act 15 of 1990
- Published in Government Gazette 84 on 8 October 1990
- Assented to on 5 October 1990
- Commenced on 8 October 1990
- [This is the version of this document from 22 July 2002 and includes any amendments published up to 26 April 2024.]
- [Amended by Judicial Service Commission Act, 1995 (Act 18 of 1995) on 20 November 1995]
- [Amended by Appeal Laws Amendment Act, 2001 (Act 10 of 2001) on 25 July 2001]
- [Amended by Supreme Court Amendment Act, 2002 (Act 4 of 2002) on 22 July 2002]
1. Definitions
In this Act, unless the context otherwise indicates -“Chief Justice” means the Chief Justice of the Supreme Court appointed under Article 32(4)(a)(aa) of the Namibian Constitution;“deputy-sheriff” means the deputy-sheriff of the Supreme Court appointed under section 26;“High Court” means the High Court of Namibia constituted under Article 80(1) of the Namibian Constitution;“Independence” or “date of Independence” means 21 March 1990 which was the day on which the Republic of Namibia was declared to be an independent State;“Judicial Service Commission” means the Judicial Service Commission established under Article 85 of the Namibian Constitution;“lower Court” means any court (other than the High Court or the Supreme Court) which is required to keep a record of its proceedings, and includes a magistrate or other officer holding a preparatory examination into an alleged offence;“Minister” means the Minister of Justice;“registrar” means the registrar of the Supreme Court, and includes an assistant registrar;“rules of court” means the rules made under section 37;“sheriff” means the sheriff of the Supreme Court appointed under section 26;“Supreme Court” means the Supreme Court of Namibia constituted under Article 79(1) of the Namibian Constitution.2. Jurisdiction of Supreme Court in general
The Supreme Court shall have jurisdiction to hear and to determine appeals and any such other matters which may be conferred or imposed upon it by this Act or the Namibian Constitution or any other law.3. Seat of Supreme Court
The seat of the Supreme Court shall be in Windhoek: Provided that any sitting of the Supreme Court may be conducted in any other place within Namibia, if the Chief Justice is of the opinion that special circumstances renders expedient for any particular matter or matters to be heard at such other place or places in Namibia.4. Nature of Supreme Court and seal
5. Permanent judges of Supreme Court
The Supreme Court shall consist of the Chief Justice and such additional judges appointed in a permanent capacity as determined in accordance with the provisions of Article 79(1) of the Namibian Constitution.6. Proceedings of Supreme Court to be carried on in open court
Save as is otherwise provided in Article 12(1)(a) and (b) of the Namibian Constitution, all proceedings in the Supreme Court shall be carried on in open court.7. Period of appointment of acting judges and ad hoc judges
Any appointment of a person as an acting judge or as an ad hoc judge under Article 82(2) of the Namibian Constitution shall be regarded to be also in respect of any period during which such person is necessarily engaged in connection with the disposal of any proceedings in which he or she had taken part as such a judge and which have not been disposed of at the termination of the period for which he or she has so been appointed or, having been disposed of before or after such termination, are re-opened.8. Retirement of judges of Supreme Court
9. Qualifications for appointment as judges of Supreme Court
No person shall be eligible for appointment as the Chief Justice or as an additional or acting judge of the Supreme Court, unless -10. Remuneration of judges of Supreme Court
11. Judge may not hold other office of profit
No judge of the Supreme Court shall, unless authorised thereto by the Judicial Service Commission accept or hold any other office of profit, or receive, in respect of any service rendered by him or her any remuneration other than the remuneration as contemplated in section 10.12. No process to be issued against judge of Supreme Court except with consent of Chief Justice
13. Quorum and manner of arriving at decisions
14. Appellate jurisdiction of Supreme Court
15. Jurisdiction of Supreme Court as court of first instance
16. Review jurisdiction of Supreme Court
17. Finality of decisions of Supreme Court
18. Administration of oath
19. Powers of Supreme Court on hearing appeals
The Supreme Court shall have power -20. Powers of Supreme Court in cases where it is sitting as court of first instance or on review
Whenever the Supreme Court is properly seized with a matter as a court of first instance in terms of section 15 or it exercises its review jurisdiction in terms of section 16, the court shall have the power -21. Manner of securing attendance of witnesses in civil proceedings
22. Manner in which recalcitrant witnesses may be dealt with
23. Compilation of special dossiers
24. Foreign witnesses
25. Certified copies of Supreme Court records admissible as evidence
Whenever a judgment, sentence, order or other record of the Supreme Court is required to be proved or inspected or in any manner referred to, a copy of such judgment, sentence, order or record duly certified as such by the registrar under the seal of the court, shall, on mere production and without proof of the authenticity of the said registrar’s signature, be prima facie evidence thereof.26. Appointment of officers of Supreme Court
27. Suspension and dismissal of deputy-sheriff
28. Execution of process
29. Application of certain provisions of High Court Act, 1990
The provisions of sections 33, 34, 35 and 37 of the High Court Act, 1990, shall mutatis mutandis apply in respect of the liability of the State for acts performed by the sheriff, or the deputy-sheriff or his or her assistant appointed under this Act, the service of process on such sheriff or deputy-sheriff, the property which is not liable to be seized in execution by such sheriff, deputy-sheriff or his or her assistant and the transmission of any process of the court, as the case may be, and any reference in those provisions to the High Court shall be deemed to be a reference to the Supreme Court.30. Offences relating to execution
Any person who -31. Witness fees
The allowance payable to any witness who is lawfully obliged to attend any civil proceedings in the Supreme Court shall be on the same tariff and subject to the same conditions which are prescribed from time to time in respect of witnesses obliged to attend such proceedings in the High Court.32. Enforceability of process of Supreme Court
The process of the Supreme Court shall run throughout Namibia and any judgment or order of the Supreme Court shall have force and effect in Namibia.33. Execution of judgment or order of Supreme Court sitting as court of appeal
Any judgement or order of the Supreme Court sitting as a court of appeal shall be executed and enforced by the High Court in like manner as if it were an original judgment or order of the High Court.34. Right of person in custody to be present at hearing of his or her appeal or as an interested party to any proceedings in Supreme Court
35. Right of audience
36. Sessions of Supreme Court
37. Rules of court
38. Repeal of Act 59 of 1959, Proclamation 222 of 1981 and certain provisions of Act 29 of 1985, and saving
39. Application of other laws
Unless it would in any particular case obviously be inappropriate, any reference in any other law, or in any document or register -40. Short title
This Act shall be called the Supreme Court Act, 1990.History of this document
22 July 2002 this version
Amended by
Supreme Court Amendment Act, 2002
25 July 2001
Amended by
Appeal Laws Amendment Act, 2001
20 November 1995
Amended by
Judicial Service Commission Act, 1995
08 October 1990
Commenced
05 October 1990
Assented to
Documents citing this one 137
Discussion Paper 1
Gazette 25
- Namibia Government Gazette dated 1990-10-08 number 84
- Namibia Government Gazette dated 1990-10-08 number 86
- Namibia Government Gazette dated 1994-05-05 number 845
- Namibia Government Gazette dated 1995-11-20 number 1195
- Namibia Government Gazette dated 2000-05-11 number 2327
- Namibia Government Gazette dated 2001-07-25 number 2585
- Namibia Government Gazette dated 2002-07-22 number 2771
- Namibia Government Gazette dated 2003-04-04 number 2949
- Namibia Government Gazette dated 2003-06-16 number 2994
- Namibia Government Gazette dated 2004-12-24 number 3358
- Namibia Government Gazette dated 2009-05-05 number 4254
- Namibia Government Gazette dated 2014-10-08 number 5583
- Namibia Government Gazette dated 2015-06-17 number 5761
- Namibia Government Gazette dated 2015-09-23 number 5834
- Namibia Government Gazette dated 2015-12-14 number 5902
- Namibia Government Gazette dated 2017-08-25 number 6392
- Namibia Government Gazette dated 2017-09-29 number 6425
- Namibia Government Gazette dated 2018-04-13 number 6571
- Namibia Government Gazette dated 2020-04-28 number 7194
- Namibia Government Gazette dated 2020-04-29 number 7198
- Namibia Government Gazette dated 2020-05-04 number 7204
- Namibia Government Gazette dated 2021-10-01 number 7645
- Namibia Government Gazette dated 2022-07-28 number 7864
- Namibia Government Gazette dated 2022-07-28 number 7865
- Namibia Government Gazette dated 2022-08-25 number 7885
Judgment 98
- Ae Gams Data (Pty) Ltd and Others v Sebata Municipal Solutions (Pty) Ltd and Others (APPEAL 224 of 2009) [2011] NAHC 6 (21 January 2011)
- Afshani and Another v Vaatz (1) (Appeal Judgment) (SA 9 of 2002) [2003] NASC 7 (5 March 2003)
- Agricultural Bank of Namibia Limited v Goliath (SA 38/2023) [2023] NASC 20 (21 June 2023)
- Agricultural Bank of Namibia v Gaya (SA 38/2023) [2023] NASC 26 (28 July 2023)
- Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)
- Akpabio v Minister of Justice and Another (SA 54/2022) [2023] NASC 21 (23 June 2023)
- Arangies and Another v Unitrans Namibia (PTY) LTD and Another (1 of 2018) [2018] NASC 401 (27 July 2018)
- Ardea Investments (Proprietary) Limited v Namibian Ports Authority and Others (SCR 4 of 2013) [2017] NASC 9 (28 March 2017)
- Attorney-General of Namibia v Minister of Justice and Others (12 of 2009) [2013] NASC 3 (4 April 2013)
- Auas Diamond Company (Proprietary) Limited v Minister of Mines and Energy (Appeal Judgement) (SA 1 of 2007) [2017] NASC 13 (19 April 2017)
- Balzer v Vries and Others (APPEAL 6 of 2014) [2014] NAHCMD 32 (4 February 2014)
- Balzer v Vries and Others (SA 2 of 2014) [2015] NASC 8 (17 March 2015)
- Bank Windhoek Limited v Mofuka and Another (Review Judgment) (SCR 1 of 2016) [2018] NASC 10 (3 April 2018)
- Beukes v Benade and Another (Appeal Judgment) (SA 15 of 2005) [2018] NASC 11 (13 April 2018)
- Cato Fishing Enterprise (Pty) Ltd and Another v Wista Construction cc and Another (SCR 1 of 2017) [2017] NASC 43 (22 November 2017)
- Crown Security CC v Gabrielsen (SA 40 of 2013) [2015] NASC 14 (8 July 2015)
- De Wet v Klein (SA 65/2021) [2023] NASC 45 (30 November 2023)
- Di Savino v Nedbank Namibia Limited (82 of 2014) [2017] NASC 32 (7 August 2017)
- Ex Parte: Attorney-General In Re: Constitutional Relationship Between Attorney-General and the Prosecutor-General (SA 7 of 1993) [1995] NASC 1 (13 July 1995)
- Ex parte: Attorney-General In Re: Corporal Punishment by Organs of State (SA 14 of 1990) [1991] NASC 2 (5 April 1991)
- First National Bank of Namibia Limited v Nghishidivali (SA 34 of 2019) [2021] NASC 50 (3 December 2021)
- Gaoseb and Another v Standard Bank Namibia Ltd and Others (2) (SA 69 of 2011) [2015] NASC 17 (19 August 2015)
- Gibeon Village Council v Development Bank of Namibia (SA 40 of 2020) [2022] NASC 32 (21 October 2022)
- Gonschorek and Others v Asmus and Another (SA 11 of 2007) [2008] NASC 3 (15 April 2008)
- HD v S (SA 13 of 2007) [2018] NASC 6 (1 March 2018)
- Hamutenya v Shipanga NO and Another (APPEAL 204 of 2012) [2013] NAHCMD 164 (13 June 2013)
- Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 2022)
- Hendrik Christian t/a Hope Financial Services v Usiku (HC-MD-CIV-MOT-GEN 125 of 2022) [2023] NAHCMD 56 (16 February 2023)
- I J T v A I E (SA 17 of 2005) [2012] NASC 19 (12 October 2012)
- In Re: Kazekondjo and Others v Minister of Safety and Security and Others (SCR 1 of 2021) [2021] NASC 43 (25 October 2021)
- Itula and Others v Minister of Urban and Rural Development andOthers (1 of 2019) [2020] NASC 6 (5 February 2020)
- Jekonia v Shimbulu (571 of 2010) [2010] NAHC 154 (13 October 2010)
- Kalimbo v State (SCR 3 of 2021) [2021] NASC 38 (14 September 2021)
- Kamwi v Law Society of Namibia (1) (SCA 3 of 2009) [2010] NASC 16 (1 December 2010)
- Kamwi v Minister of Lands and Resettlement and Others (2) (SA 16 of 2019) [2021] NASC 5 (29 March 2021)
- Knouwds NO v Josea and Another (SA 5 of 2008) [2010] NASC 9 (14 September 2010)
- Lameck and Another v President of Republic of Namibia and Others (54 of 2011) [2012] NAHC 31 (20 February 2012)
- Lifumbela and Others v S (SA 25 of 2016) [2021] NASC 56 (22 December 2021)
- Likanyi v S (2 of 2016) [2017] NASC 10 (7 August 2017)
- Likoro v S (SA 19 of 2018) [2022] NASC 10 (12 April 2022)
- Luxury Investments One Hundred and Ninety Two (Pty) Ltd and Another v Koujo and Others (HC-MD-CIV-MOT-REV 411 of 2017) [2018] NAHCMD 390 (28 November 2018)
- M Pupkewitz & Sons (Pty) Ltd t/a Pupkewitz Megabuild v Kurz (SA 25 of 2005) [2008] NASC 9 (14 July 2008)
- Masule v Prime Minister of the Republic of Namibia and Others (SA 89 of 2020) [2022] NASC 2 (4 February 2022)
- Mbumbo and Another v Amadhila and Others (SCR 2 of 2022) [2022] NASC 27 (23 August 2022)
- Mentoor v Usebiu (Appeal Judgement) (SA 24 of 2015) [2017] NASC 12 (19 April 2017)
- Minister of Agriculture, Water and Land Reform and Others v Job Shipululo Amupanda and Others (SCR 2/2023) [2024] NASC 5 (18 March 2024)
- Minister of Finance and Another v Benson Craig (PTY) LTD (10 of 2016) [2017] NASC 29 (26 July 2017)
- Minister of Safety and Security and Another v Katamba and Others (HC-MD-CIV-MOT-GEN 215 of 2021) [2022] NAHCMD 263 (24 May 2022)
- Namdeb Diamond Corporation (Pty) Ltd v Coetzee (8 of 2017) [2018] NASC 402 (1 August 2018)
- Namibia Airports Company v IBB Military Equipment And Accessory Supplies Close Corporation (2) (HC-MD-CIV-ACT-OTH 1488 of 2017) [2019] NAHCMD 550 (2 December 2019)
- Namibia Water Corporation Limited v Kuiri Fanual Tjipangandjara (SCR 1/2023) [2023] NASC 43 (22 November 2023)
- Namibian Financial Institutions Union (NAFINU) v Nedbank Namibia Ltd and Another (26 of 2015) [2015] NASC 18 (19 August 2015)
- Nekwaya v Nekwaya and Another (Reasons) (SA 5 of 2010) [2016] NASC 23 (13 December 2016)
- Ngunovandu v First National Bank of Namibia and Another (HC-MD-CIV-MOT-2023/00043) [2023] NAHCMD 572 (15 September 2023)
- Ohorongo Cement (Pty) Ltd v Jack's Trading CC & Others (SCR 1 of 2013) [2020] NASC 43 (20 May 2020)
- Onamangongwa Trading Enterprises CC v Minnesota Trading Enterprises Group (SA 68 of 2020) [2020] NASC 39 (24 September 2020)
- Opperman v Mutual and Federal Insurance Company Namibia Limited (SA 27 of 2006) [2016] NASC 30 (29 November 2016)
- Permanent Secretary of the Judiciary v Somaeb and Another (14 of 2018) [2018] NASC 21 (3 July 2018)
- Prosecutor General v Uuyuni (POCA 4 of 2012) [2013] NAHCMD 67 (12 March 2013)
- Prosecutor- General v Taapopi (25 of 2015) [2017] NASC 21 (19 June 2017)
- S v Bushebi (SCR 1 of 1995) [1996] NASC 4 (12 February 1996)
- S v Dentlinger (SCR 1 of 2022) [2022] NASC 9 (25 March 2022)
- S v Gaingob and Others (SA 7 of 2008) [2018] NASC 4 (6 February 2018)
- S v Haikali (SA 15 of 2018) [2019] NASC 588 (30 July 2019)
- S v Koch (1) (SA 13 of 2005) [2006] NASC 6 (29 November 2006)
- S v Lameck and Others (3) (15 of 2015) [2017] NASC 20 (19 June 2017)
- S v Malumo (2) (4 of 2010) [2010] NASC 10 (14 September 2010)
- S v Malumo and Others ; In Re: Ndala and Others v S and Others (2) (CC 32 of 2001) [2013] NAHCMD 262 (19 September 2013)
- S v Masake and Others (SA 13 of 2010) [2011] NASC 9 (22 August 2011)
- S v Matine (2) [2020] NASC 23 (28 July 2020)
- S v Shipuata (CA 26 of 2011) [2013] NAHCNLD 2 (23 January 2013)
- S v Strowitzki (3 of 1997) [2003] NASC 15 (16 September 2003)
- S v Thambapilai and Others (SA 5 of 2019) [2021] NASC 42 (15 October 2021)
- S v Werner and Others (SA 8/2021) [2023] NASC 32 (28 July 2023)
- SA Poultry Association and Others v Minister of Trade and Industry and Others (SA 37 of 2016) [2018] NASC 2 (17 January 2018)
- Schameera Seven (7) Reg: CC 2003/2211 and Others v Standard Bank of Namibia Limited and Others (HC-MD-CIV-MOT-REV 355 of 2020) [2021] NAHCMD 449 (30 September 2021)
- Schroeder and Another v Solomon and Others (SCA 1 of 2007) [2010] NASC 11 (14 September 2010)
- Schweiger v Muller (SA 3 of 2005) [2012] NASC 20 (12 October 2012)
- Shetu Trading CC v Chair of Tender Board of Namibia and Others (3) (SA 26 of 2011) [2011] NASC 12 (4 November 2011)
- Shikongo v Lee's Investments (Pty) Ltd (SA 33 of 2020) [2022] NASC 38 (15 November 2022)
- Shoprite Namibia (Pty) Ltd v Namibia Food and Allied Workers Union and Others (SA 1 of 2021; SCR 1 of 2021) [2022] NASC 15 (26 April 2022)
- Sisande v Standard Bank Namibia (SA 113/2023) [2023] NASC 53 (12 December 2023)
- Snyman and Another v Jordaan N.O (SA 7 of 2015) [2016] NASC 29 (29 November 2016)
- Social Security Commission and Another v Coetzee (SA 43 of 2009) [2016] NASC 1 (18 February 2016)
- Somaeb v Standard Bank Namibia Ltd (SA 32 of 2018) [2019] NASC 604 (29 November 2019)
- Standard Bank Namibia Ltd and Others v Maletzky and Others (15 of 2013) [2015] NASC 12 (24 June 2015)
- Standard Bank of Namibia Ltd v Atlantic Meat Market (Pty) Ltd (SA 8 of 2005) [2014] NASC 14 (17 October 2014)
- State v Puleni (SA 4 of 2021) [2021] NASC 24 (9 June 2021)
- Swartbooi and Another v Mbengela NO and Others (2) (SA 73 of 2013) [2015] NASC 31 (24 November 2015)
- Sylvie McTeer Properties v Kuhn Michael Karl-Heinz and Others (12 of 2005) [2017] NASC 33 (15 August 2017)
- TA v S (SA 30 of 2008) [2017] NASC 42 (26 October 2017)
- Teek v President of Republic of Namibia and Others (SA 2 of 2013) [2014] NASC 16 (27 October 2014)
- Temptations Fashion CC and Another v J Henning Properties (Pty) Ltd and Another : In re: J Henning Properties (Pty) Ltd and Another v Temptations Fashion CC and Another (SA 138/2023) [2024] NASC 2 (1 March 2024)
- Thudinyane v Edward (SA 17 of 2005) [2012] NASC 22 (12 October 2012)
- Torbitt and Others v International University of Management (SA 16 of 2014) [2017] NASC 8 (28 March 2017)
- Transnamib Holdings Ltd v Garoëb (wrong attachments) (SA 26 of 2003) [2005] NASC 4 (4 August 2005)
- Trethewey and Another v Government of Republic of Namibia (SA 13 of 2006) [2016] NASC 28 (29 November 2016)
- Tweya and Others v Herbert and Others (76 of 2014) [2016] NASC 13 (6 July 2016)
Legislation 13
- Agricultural (Commercial) Land Reform Act, 1995
- Copyright and Neighbouring Rights Protection Act, 1994
- Criminal Procedure Act, 2004
- Directions relating to judicial proceedings during the COVID-19 state of emergency
- Electoral Act, 2014
- Financial Institutions and Markets Act, 2021
- Further Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations
- International Co-operation in Criminal Matters Act, 2000
- Judicial Service Commission Act, 1995
- Judiciary Act, 2015
- Regulations relating to Conditions of Service of Judges, 2015
- Rules for High Court regulation proceedings contemplated in chapters 5 and 6 of Prevention of Organised Crime Act, 2004
- Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations