Article 12 of the Namibian
Constitution contains the provisions for fair trial. The effectiveness of the
judiciary in Namibia is basically respected and all persons generally have an
equal opportunity in court for a fair trial.
The right to a fair trial is contained
in Article 12 of the Constitution, which provides that in the determination of
their civil rights and obligations or any criminal charges against them, all persons shall be
Ø a fair and public hearing
Ø by an independent,
Ø impartial and
Ø competent Court or Tribunal
established by law:
that such Court or Tribunal may exclude the press and/or the public from all or
any part of the trial for reasons of morals, public order or national
security, as is necessary in a democratic society.
Constitution further determines that a trial shall take place within a
reasonable time, failing which the accused shall be released and that judgments
in criminal cases shall be given in public, except where the interests of
juvenile persons or morals otherwise require.
All persons charged with an offence shall be presumed innocent until
proven guilty according to law, after having had the opportunity of calling
witnesses and cross-examining those called against them and that all persons
shall be afforded adequate time and facilities for the preparation and
presentation of their defence, before the commencement of and during their
trial, and shall be entitled to be defended by a legal practitioner of their
Constitution does not provide for “a right to remain silent” as is the case in
many other jurisdictions. Our Constitution however does state that no persons
shall be compelled to give testimony against themselves.
effectiveness of the judiciary in Namibia is basically respected and all
persons generally have an equal opportunity in court for a fair trial, with
high regard to the Rule of Law.