Directions relating to judicial proceedings during the COVID-19 state of emergency

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.[definition of "period of lockdown" substituted by section 2 of Government Notice 111 of 2020]

2. Application of directions

These directions apply to the courts for the duration of the period of lockdown.[direction 2 substituted by section 3 of Government Notice 111 of 2020]

3. Criminal matters

The following provisions apply to all criminal matters in all courts:

[direction 3 substituted by section 4 of Government Notice 111 of 2020]

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:

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:

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:[introductory sentence substituted by section 5 of Government Notice 111 of 2020]

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:

[direction 9 substituted by section 6 of Government Notice 111 of 2020]

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.[direction 10 substituted by section 7 of Government Notice 111 of 2020]