Judiciary Act, 2015
Act 11 of 2015
- Published in Government Gazette no. 5902 on 14 December 2015
- Assented to on 11 December 2015
- Commenced on 1 December 2015 by Government Notice of 2015
- [This is the version of this document from 14 December 2015 and includes any amendments published up to 6 October 2022.]
Part 1 – PRELIMINARY
1. DefinitionsIn this Act, unless the context indicates otherwise - “judicial officer” means a member of the Judiciary who holds the office of -
2. Application of Public Service ActThe Public Service Act and the regulations and directives made thereunder apply in respect of the administration of the Office and to staff members only in so far as such provisions, regulations and directives are not inconsistent with the provisions of this Act, and such provisions, regulations and directives may not derogate from any power, duty or function conferred upon or entrusted to the Office, the Chief Justice or the Permanent Secretary by or under this Act.
Part 2 – ADMINISTRATION OF OFFICE
3. Establishment of Office
4. Appointment of staff members
5. Delegation of powers and functionsWhen performing the functions contemplated in Article 78(7) of the Namibian Constitution or exercising any power or performing any function under this Act, the Chief Justice may, subject to any law, delegate any of his or her powers or functions to any judicial officer, the Permanent Secretary or any other staff member, except the power conferred by section 17.
6. Powers and functions of Permanent Secretary
7. Administrative directivesThe Permanent Secretary may issue administrative directives, not inconsistent with this Act, the Public Service Act or the Labour Act -
8. Funds of Office
9. Capital projects of OfficeThe Ministry responsible for the administration of Justice is responsible for the capital projects of the Office, except that the Minister must consult the Chief Justice regarding the construction or renovation of courthouses and other buildings that are to be used or are being used by the Office.
10. Financial year of OfficeThe financial year of the Office is the financial year as defined in section 1 of the State Finance Act.
11. Accounts of OfficeThe Permanent Secretary must keep proper accounts of the funds of the Office in accordance with the State Finance Act.
12. Annual report of OfficeAs soon as practicable, but not more than three months after the end of the financial year, the Permanent Secretary must submit to both the Chief Justice and the Minister a report concerning the activities of the Office during that financial year, including information on the financial affairs of the Office.
Part 3 – GENERAL PROVISIONS
13. Representation of OfficeThe Minister represents the Office -
14. Funding of Office pending passing of appropriation ActUntil such time that the financial requirements of the Office are provided for in an appropriation Act contemplated in section 1 of the State Finance Act, the financial requirements of the Office must be met from the sources that existed before the coming into operation of this Act.
15. Establishment of committees
16. Legal proceedings where Office is party
18. Transitional arrangements in respect of judicial officers and staff membersA person who, immediately before the coming into operation of this Act -
19. Short title and commencement
History of this document
14 December 2015 this version
Published in Government Gazette number 5902
11 December 2015
01 December 2015