Does the executive pose a threat to judicial independence in Namibia?

Abstract

None provided. The following is taken from the author's introduction:

"... The dissertation will look at the practical ways in which the Executive can threaten the Judiciary i. e., through executive pronouncement, which includes the intimidation of judges, the appointment and removal of judges, as well as through executive disregard of judicial orders

The dissertation will study incidents where the independence of the judiciary in Namibia has been threatened as well the consequences of such intimidation on the respect for the judiciary and the constitutional cornerstones of our democracy. The following questions will also be addressed: What is the role ot the Judiciary in a democratIc State? What are the Implications of any interference with the functioning of the Judiciary? These are a few of the issues the dissertation will consider

Furthermore, the dissertation will also include a comparative study of Zimbabwe. The case of the Commissioner of Police v Commercial Farmer's Union, which relates to the Zimbabwean Police's refusal to implement court orders with regards to the occupation by disenfranchised war veterans of white-owned farmland will also be referred to

The purpose of the study is to create awareness of how critical it is for the Judiciary to be independent and what the consequences could be should it be threatened. I also hope to provoke debate over the current situation in Namibia, i. e. Ministry of Home Affair's attitude to Namibian judiciary, and by doing so I hope the society would be more informed to deal with similar situations in future

The essence of the matter is that no Judge can function properly as a Judge unless Article 78, which provides for the independence of the judiciary as well as the appointment and removal of judges, of the Constitution is not merely regarded as a part of a paper Constitution used as a public relations document at special occasions, but is enshrined in the hearts and minds of the Namibian people and respected and enforced by all concemed