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NCJ Number: 136417 Find in a Library
Title: Namibian Bill of Rights: Implications for the Promotion of Procedural and Substantive Justice in Criminal Cases
Journal: Criminal Law Forum  Volume:2  Issue:3  Dated:(Spring 1991)  Pages:569-605
Author(s): C Kahanovitz
Date Published: 1991
Page Count: 37
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: The Constitution of Namibia, which came into effect in March 1990, contains 25 articles; the Bill of Rights is considered to be a remarkable milestone in the struggle to promote human rights in southern Africa as the fundamental rights and freedoms entrenched in the Bill can never be repealed nor amended, even with the full consensus of the Parliament.
Abstract: The Namibian Bill of Rights is changing the role of the criminal lawyer even as it changes the structure of the country's courts. To date, there is no prescribed procedure for raising constitutional defenses in Namibia. Two concepts which could affect the judiciary's implementation of the Bill of Rights are discussed: the supremacy of the Constitution as the law of the land and the potential for constitutional decisions to create conflict with the legislative or executive branches of government. A brief commentary highlights certain aspects of the Bill of Rights: the duty of the courts, the respect for human dignity, punishment, equality before the law, ability to pay fines, arrest and detention, and the right to a speedy trial. Other issues which are covered include the relationship between the privilege against self-incrimination and the rights to privacy and to counsel, the admissibility of evidence, and confiscation of property. 1 appendix
Main Term(s): Foreign laws; Human rights
Index Term(s): Criminal justice system reform; Southwest Africa
Note: Presented at a Society for the Reform of Criminal Law seminar, "Human Rights in the Administration of Criminal Justice in Southern Africa," Gaborone, Botswana, October 8-10, 1990.
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