The rule of law means that everyone – all individuals and all institutions including judges, magistrates, government officials, the police and the army – must follow the Constitution and the law..
What is the legal system in Namibia?
Laws are enforced by government and by the courts. The Namibian Constitution is the Supreme Law of Namibia. All other laws must be in line with the Constitution to be valid. There are four sources of law in Namibia: (1) statutes (2) common law (3) customary law and (4) international law..
Common law rules come from written judgements in cases in Namibia's High Court or Supreme Court. Court decisions are all public documents. They are useful because the judge who decides the case always provides the reasons for the decision as well as the outcome of the case.
Customary law is the law that has developed over the years in different communities in Namibia. It changes gradually. over time as people change their ways of doing things. Customary law is often not written down, because the people in the community know how things are usually done in that community.
(1)No contract of sale of land or any interest in land (other than a lease, mynpacht or mining claim or stand) shall be of any force or effect if concluded
In conclusion, the Law of Contract in Namibia is essential in ensuring that agreements are legally binding and enforceable.
Company Law
Business vehicles There are two forms of companies commonly used by foreigninvestors: 1. Private or public limited liabilitycompanies. 2. Close cor…
Competition Law
Law 1. Competition Act 2 of 2003. The Act is enforced by the Competition Commission, based inWindhoek and the Namibian High Court. Mergers A merger i…
Consumer Protection
Currently Namibia does not have any promulgated consumerprotection laws. However, Namibia may have some specific statuteswhich co…
Data Protection
Namibia does not currently have any laws regulating dataprotection. Accordingly, they simply apply best practice, based onsection 13(1) of the Namibia…
Dispute Resolution
Court structure The Supreme Court of Namibia is the highest court in Namibia andhas both appellate and original jurisdiction. The High Court hasoriginal juris…
Exchange Control
Namibia forms part of the South African Rand Common MonetaryArea which results in the Namibian Dollar and South African Randbeing freely exchan…
Tax Law
Income tax Income tax is levied under the Income Tax Act of 1981 on bothindividuals and companies, with the exemption of petroleum incomederived from …
Does Namibia have a Labour Act 11 of 2007?
Republic of Namibia 12Annotated Statutes Labour Act 11 of 2007 Schedule: Transitional Provisions the Correctional Service and the Correctional Service Act
However, it made no corresponding amendment to the Labour Act 11 of 2007
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Should contract law be the law in Namibia?
(Dale Hutchison (Ed) et Chris-James Pretorius, The Law of Contract in South Africa, 2 nd ed (2012) at 19)
That, in my opinion, should be the law in Namibia, too
Of course, the primary basis is consensus
What are the rights and duties of employees in Namibia?
PART A RIGHTS AND DUTIES OF EMPLOYERS AND EMPLOYEES Employer duties to employees 39
(1) Every employer or person in charge of premises where employees are employed must, without charge to the employees - (a) provide a working environment that - (i) is safe; Republic of Namibia 45 Annotated Statutes Labour Act 11 of 2007
Contract law in namibia
War memorial in Namibia
Heroes' Acre is an official war memorial of the Republic of Namibia. Built into the uninhabited hills 10 kilometres (6 mi) south of the city centre of Windhoek, Heroes' Acre opened on 26 August 2002. It was created to foster a spirit of patriotism and nationalism, and to pass [this] to the future generations of Namibia.
In Namibia, the issue of labour hire remains a controversy between the government, unions and labour brokering companies. The ILO categorizes two forms of subcontracting, namely job contracting and labour-only contracting. Most of Namibia’s labour hire companies fall into the second category as they merely supply labour to their clients.
Lesbian
Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have limited legal protections. Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Namibian labour legislation on unfair dismissal
Unfair dismissal in Namibia is defined by the Namibian Labour Act of 2007. The burden of the proof that a dismissal was fair lies with the employer.
