Namibian Constitution
Directions relating to judicial proceedings during the COVID-19 state of emergency
Government Notice 90 of 2020
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[Amended by Directions relating to judicial proceedings during the COVID-19 state of emergency: Amendment (Government Notice 111 of 2020) on 29 April 2020]
Under the powers vested in me by regulation 13(1) of the State of Emergency COVID-19 Regulations published under Proclamation No. 9 of 2020, I hereby issue the directions set out in the Schedule.P.S. ShivuteChief JusticeBy order of the Chief Justice
1. Definitions
Unless the context indicates otherwise, in these directions -"courts" means all courts of law in the Republic of Namibia; and"period of lockdown" means the period of lockdown referred to in regulation 3 of the Regulations, and includes the period of lockdown, commencing at 14:00 on 28 March 2020 and ending at 23:59 on 17 April 2020, that was imposed prior to the amendments to the State of Emergency - Covid-19 Regulations published under Proclamation No. 9 of 28 March 2020.
2. Application of directions
These directions apply to the courts for the duration of the period of lockdown.
3. Criminal matters
The following provisions apply to all criminal matters in all courts:
(a)the set down date of all cases set down during the period of the lockdown is to be postponed to a date specified in the Annexure, which Annexure the Chief Justice may amend from time to time, and the applicable order dealing with the status of the accused must correspond to that date;(b)no accused person, irrespective of his or her status, is required to attend any court proceedings during the period of lockdown: Provided that the following are excluded -
(i)accused persons brought to court as a first appearance in the Magistrate’s Court;(ii)accused persons bringing a bail application;(iii)accused person who is the appellant in an appeal against the refusal of bail;(c)no witness subpoenaed or warned to be in any court of law on a date during the lockdown period is required to attend any court proceedings during such period.
4. Supreme Court
The Registry of the Supreme Court will be open on weekdays, excluding public holidays, between the hours 9h00 and 11h30 with functions restricted to the receipt of court process.
5. High Court and courts of equal jurisdiction
The Registry of the High Court, Labour Court, Admiralty Court and the Electoral Court will be open for litigants, practitioners and the public on weekdays, excluding public holidays, between the hours 9h00 and 11h30 with functions restricted to the following:
(a)Rendering service to litigants in person on the e-Justice case management and document filing system, provided that such service will be restricted to -
(i)urgent applications brought in the High Court, where the hearing date is on a day and time during the existence of lockdown;(ii)urgent applications brought in the Labour Court, where the hearing date is on a day and time during the existence of lockdown; and(iii)appeals against the refusal of bail;(b)receiving and processing of documents filed in -
(i)an urgent application brought in the Electoral Court;(iii)any bail applications;(iv)appeals against the refusal of bail;(c)receiving money in respect of -
(ii)court fee top-ups by legal practitioners on the e-Justice system;(d)payment of witness fees to any witnesses who appeared in court on the date of payment.
6. Registry of High Court and of courts of equal jurisdiction
The Registry of the High Court, Labour Court, Admiralty Court and the Electoral Court will be on standby to render the following services, on request, outside the hours mentioned in paragraph 5, hereinbefore:
(a)Receive and process any notice, affidavit, document or process in an urgent application to be brought or pending, provided that such urgent application is set down or is to be set down for a date and time during lockdown;(b)receive and process any notice, request, document or process in a bail application to be brought or pending, provided that such bail application is to be heard on a date and time during lockdown;(c)receive and process any notice, request, document or process in an appeal against the refusal of bail to be brought or pending, provided that such appeal -
(i)has been set down for hearing on a date and time during lockdown;(ii)bail has been refused on a date not more than 15 court days prior to the commencement of lockdown; or(iii)has been refused at any time during lockdown.
7. Work from home
The Judges of the High Court and staff members holding an appointment as assistant registrar must perform, from their respective homes, all duties and functions which can be performed from home, including functions and duties on the court's electronic case management, document filing system and e-Justice.
8. Magistrates Courts
The Magistrates’ Courts will be open for litigants, practitioners and the public on weekdays, excluding public holidays, from 8h00 to 13h00 with functions restricted to the following:
(a)Receiving money in respect of -
(iii)maintenance payments; and(iv)admission of guilt fines.(b)receiving and processing of documents filed in any -
(i)application for registration of estates less than N$100 000;(ii)applications in respect of the Child Care and Protection Act, 2015 (Act No. 3 of 2015) in so far as it relates to urgent applications where a child is in need of protective services;(iii)applications for Interim Protection orders in terms of the Domestic Violence Act, 2003 (Act No. 4 of2003);(iv)applications for search warrants;(v)consideration of authorisations for post mortem examinations in terms of sections 25 and 26 of the Births, Marriages and Deaths Registration Act, 1963 (Act No. 81 of 1963);(c)court proceedings with reference to the following:
(ii)applications for reduction of bail;(iii)urgent bail applications;(iv)application for admission of a person in terms of section 9 of the Mental Health Act, 1973 (Act No. 18 of 1973).
9. Provisions relating to suspension of laws
Despite the suspension of certain provisions of the Magistrates Court Act, 1944 (Act No. 32 of 1944), the High Court Act, 1990 (Act No. 16 of 1990), the Supreme Court Act, 1990 (Act No. 15 of 1990), the Criminal Procedure Act, 1977 (Act No. 51 of 1977), the Labour Act, 2007 (Act No. 11 of 2007) and the Electoral Act, 2014 (Act No. 5 of 2014), the following proceedings will continue:
(a)applications brought as urgent applications in terms of the rules of the applicable court;(c)appeals against the refusal of bail;(d)domestic violence matters;(e)any case involving children issues;(f)first court appearance in a criminal case; and
10. Implementation of directions
The Judge President, the Chief Magistrate and the Registrar of the Supreme Court and High Court are directed to implement these Directions and to advise the Chief Justice on adjustments if a need arises.
Annexure
General
1.All criminal court orders will contain an extension of bail, warning or detention, whichever is applicable.2.Accused persons and witnesses are informed and warned to be at court on the dates indicated in this Annexure.
High Court
1.The following postponement dates will apply to any criminal case in the High Court irrespective of the reason for set down:
1.4.Continuation of trial, including submissions;1.5.Ruling or Judgment, including sentence;1.6.Trial-within-a-trial;1.7.Any application ancillary to the main case, including an application for recusal;1.8.Leave to Appeal to the Supreme Court; or1.9.Criminal Appeals set down for hearing.
Set down type |
Date to be postponed to |
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Criminal Appeal Mentions |
19 May 2020 |
Criminal Trial Mentions |
14 May 2020 |
Criminal Trial Pre-Trial |
15 May 2020 |
Ruling and Judgments, including sentence |
7 May 2020 |
Plea |
*** 6 May 2020 |
Trial |
*** 6 May 2020 |
Continuation of trial, including submissions |
*** 6 May 2020 |
Trial-within-a-trial |
*** 6 May 2020 |
Any application ancillary to the main case |
*** 6 May 2020 |
Leave to appeal to the Supreme Court |
*** 6 May 2020 |
Criminal Appeals set down for hearing |
*** 6 May 2020 |
*** Appearance for purpose of determining and allocation of a new date before the judge assigned to the matter |
2.Reference to rulings and judgments in the table hereinbefore, includes judgments and rulings in criminal appeal matters.
Magistrate’s Courts
3.The following postponement dates will apply to any criminal case in the Magistrate’s Courts, including District, Regional, Periodical, and Circuit Courts, irrespective the reason or purpose of set down:
Week of 30 March - 3 April 2020 |
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Date of appearance |
Date to be postponed to |
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Monday 30 March 2020 |
Tuesday 5 May 2020 |
Tuesday 31 March 2020 |
Wednesday 6 May 2020 |
Wednesday 1 April 2020 |
Thursday 7 May 2020 |
Thursday 2 April 2020 |
Friday 8 May 2020 |
Friday 3 April 2020 |
Monday 11 May 2020 |
Week of 6 April - 10 April 2020 |
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Date of appearance |
Date to be postponed to |
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Monday 6 April 2020 |
Tuesday 12 May 2020 |
Tuesday 7 April 2020 |
Wednesday 13 May 2020 |
Wednesday 8 April 2020 |
Thursday 14 May 2020 |
Thursday 9 April 2020 |
Friday 15 May 2020 |
Friday 10 April 2020 |
Public Holiday (Good Friday) |
Week of 13 April - 17 April 2020 |
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Date of appearance |
Date to be postponed to |
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Monday 13 April 2020 |
Public Holiday (Easter Monday) |
Tuesday 14 April 2020 |
Monday 18 May 2020 |
Wednesday 15 April 2020 |
Tuesday 19 May 2020 |
Thursday 16 April 2020 |
Wednesday 20 May 2020 |
Friday 17 April 2020 |
Friday 22 May 2020 |
Week of 20 April - 26 April 2020 |
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Date of appearance |
Date to be postponed to |
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Monday 20 April 2020 |
Tuesday, 26 May 2020 |
Tuesday 21 April 2020 |
Wednesday 27 May 2020 |
Wednesday 22 April 2020 |
Thursday 28 May 2020 |
Thursday 23 April 2020 |
Friday 29 May 2020 |
Friday 24 April 2020 |
Monday 1 June 2020 |
Week of 27 April - 3 May 2020 |
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Date of Appearance |
Date to be postponed to |
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Monday 27 April 2020 |
Tuesday 2 June 2020 |
Tuesday 28 April 2020 |
Wednesday 3 June 2020 |
Wednesday 29 April 2020 |
Thursday 4 June 2020 |
Thursday 30 April 2020 |
Friday 5 June 2020 |