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High Court Act, 1990
Act 16 of 1990
- Published in Government Gazette 85 on 8 October 1990
- Assented to on 5 October 1990
- Commenced on 8 October 1990
- [This is the version of this document from 4 February 2014 and includes any amendments published up to 20 September 2024.]
- [Amended by Legal Practitioners Act, 1995 (Act 15 of 1995) on 7 September 1995]
- [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 International Co-operation in Criminal Matters Act, 2000 (Act 9 of 2000) on 15 September 2001]
- [Amended by High Court Amendment Act, 2002 (Act 3 of 2002) on 19 July 2002]
- [Amended by High Court Amendment Act, 2011 (Act 14 of 2011) on 30 December 2011]
- [Amended by High Court Amendment Act, 2013 (Act 12 of 2013) on 4 February 2014]
1. Definitions
In this Act, unless the context otherwise indicates -“Chief Justice” means the Chief Justice of the Supreme Court;“civil summons” means any summons whereby civil proceedings are commenced, and includes any rule nisi or notice of motion the object of which is to require the appearance before the court of any person against whom relief is sought in such proceedings or of any person having an interest in resisting the grant of such relief;“deputy-sheriff” means the deputy-sheriff of the High Court appointed under section 30;“full court” means a court consisting of more than two judges;“High Court” means the High Court of Namibia constituted under article 80(1) of the Namibian Constitution;“Judge-President” means the Judge-President of the High Court appointed under Article 32(4)(a)(aa) or 82(1) of the Namibian Constitution, as the case may be;“Judicial Service Commission” means the Judicial Service Commission established under Article 85 of the Namibian Constitution;“lower court” means a court (not being 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 High Court, and includes an assistant registrar;“rules of court” means the rules made under section 39;“sheriff” means the sheriff of the High Court appointed under section 30;“Supreme Court” means the Supreme Court of Namibia constituted under Article 79(1) of the Namibian Constitution.2. Jurisdiction of High Court in general
The High Court shall have jurisdiction to hear and to determine all matters which may be conferred or imposed upon it by this Act or the Namibian Constitution or any other law.2A. Divisions of High Court
3. Qualifications for appointment as judges of High Court
No person shall, in pursuance of the provisions of Article 82 of the Namibian Constitution, be eligible for appointment as Judge-President or as an additional or acting judge of the High Court, unless -4. Seat of High Court
The seat -4A. Local divisions
5. Remuneration of judges of High Court
The Judge-President and the other judges of the High Court, shall receive or enjoy such remuneration, benefits, allowances or privileges as may be prescribed by law.6. Appointment of acting judge in permanent capacity
In the case of the appointment as a judge of any person holding office in an acting capacity by virtue of the provisions of Article 82(3) of the Namibian Constitution, such appointment may be made with retrospective effect from the commencement of the period during which such person so held office in an acting capacity or, where such person has so held office for two or more periods which together constitute a single uninterrupted period, from the commencement of the first of such periods.7. Period of appointment of acting judges
Any appointment of a person as an acting judge under Article 82(3) of the Namibian Constitution shall be deemed 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 has 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 High Court
9. Judges not to hold any other office of profit
No judge of the High 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 5.10. Constitution of a court of High Court
11. More than one court may sit at the same time
The High Court may at any time sit in as many courts constituted in the manner provided in this Act as the available judges may allow.12. Nature of High Court and seal
13. Proceedings 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 High Court shall be carried on in open court.14. Manner of arriving at decisions
15. Certified copies of court records admissible as evidence
Whenever any judgement, decree, order or other record of the High Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, decree, order or other record duly certified as such by the registrar under the seal of the High Court shall be prima facie evidence thereof without proof of the authenticity of the registrar’s signature.16. Persons over whom and matters in relation to which the High Court has jurisdiction
The High Court shall have jurisdiction over all persons residing or being in and in relation to all causes arising and all offences triable within Namibia and all other matters of which it may according to law take cognisance, and shall, in addition to any powers of jurisdiction which may be vested in it by law, have power -17. Compilation of special dossiers
In any proceedings before the High Court in respect of which the provisions of Article 23(2) of the Namibian Constitution are applicable or in any other proceedings in which it is considered to be just and expeditious the court may direct that a special dossier be compiled by a referee, and the provisions of section 23 of the Supreme Court Act, 1990, and the rules of court relating thereto shall mutatis mutandis apply in respect of such a direction made under this section, and any reference in the said section 23 and the said rules of court to the Supreme Court shall be deemed to be a reference to the High Court.18. Appeals against judgment or order of High Court in civil proceedings
19. Powers of High Court on hearing of appeals
20. Grounds of review of proceedings of lower courts
21. No process to be issued against judge except with consent of court
22. Scope and execution of process of High Court
The civil process of the High Court shall run throughout Namibia.23. Execution of process in respect of association, partnership or firm
Any warrant or other process for the execution of any judgement or order issued against any association of persons, corporate or unincorporate, or any partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm.24. Time allowed for appearance
The time allowed for entering an appearance to a civil summons served outside Namibia shall not be less than 21 days.25. Prohibition on attachment to found jurisdiction or arrest where defendant resides in Namibia
No attachment of person or property to found jurisdiction shall be ordered by the High Court against any person residing in Namibia.26. Manner of securing attendance of witnesses in civil proceedings
27. Manner in which recalcitrant witnesses may be dealt with
28. Foreign witnesses
29. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
30. Appointment of officers of High Court
31. Suspension and dismissal of deputy-sheriff
32. Execution of process
33. Liability for acts of sheriff
34. Service of process on sheriff or deputy-sheriff
35. Property not liable to be seized in execution
The sheriff or a deputy-sheriff or his or her assistant shall not seize in execution of any process -36. Offences relating to execution
Any person who -37. Transmission of summonses, writs or other process and of notice of issue thereof by telegraph
In any civil proceedings -38. Witness fees
39. Rules of court
40. Saving and transitional provisions
41. Short title
This Act shall be called the High Court Act, 1990.History of this document
04 February 2014 this version
Amended by
High Court Amendment Act, 2013
30 December 2011
Amended by
High Court Amendment Act, 2011
19 July 2002
Amended by
High Court Amendment Act, 2002
15 September 2001
25 July 2001
Amended by
Appeal Laws Amendment Act, 2001
20 November 1995
Amended by
Judicial Service Commission Act, 1995
07 September 1995
Amended by
Legal Practitioners Act, 1995
08 October 1990
Commenced
05 October 1990
Assented to
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