The impact of women's political and socio-economic empowerment laws in Namibia

Abstract

Abstract provided by author

Government entities enter into contracts with private organizations in a wide range of service and product delivery. The difficulty that arise and which is evident in the case of Cornelius Marthinus Ward v. The permanent Secretary of the Ministry of Finance and others and the appeal to the Supreme Court illustrates that the applicability of administrative law or contract law to any dispute that arise. How does the court, determine which law is applicable. The paper argues , that two schools of thought can be detracted from the Ward High and Ward Supreme Court judgments . The public law approach which require the consideration of the constitutional values in developing law principles. On the other hand, the purely contractual approach, which subscribe to the strict application of private law in particular application of contract law to such a dispute. Which approach is correct? It is submitted, that a distinction is visible between the purely contractual agreements and administrative agreements with regard to the remedy that can be initiated. The influence of the Ward Supreme Court judgement moved the administrative law of Namibia with regard to the purely contractual approach versus the public law approach from the public law approach which was advanced under the Open learning group case and Ward High Court judgement to the purely contractual approach. The paper argues, that this position of the law is to the detriment of the private organization and fails to take into account the supreme position of the Namibian constitution