Does delay of justice in our criminal law system constitute a violation of the Namibian constitution?

Abstract

Abstract provided by author

This paper explores incidents of justice being delayed in the Criminal legal system of Namibia. Our criminal courts are daily packed to capacity of people being prosecuted or seeking justice. Most of the people in attendance are frequent visitors, not by choice, but mostly because the system does not function effectively to finalize cases before court. The question that is so often asked is: how is it possible that the crime rate seems to escalate daily, despite a strong army and police force, trained legal officers and all the facilities in place to stop crime from escalating. . In addition, we have one of the most democratic Constitutions in the world, guaranteeing the protection of fundamental human rights, and the Labor Act in place

The backbone of any government lies not only in the fulfillment of its promises to the electorate, but also in the effectiveness of its administration. When the administrative processes fail to function properly for whatever reasons, the electorates are bound to lose confidence and trust in the government of the day

When the wheels of justice stops to function smoothly and is frustrated by government bodies and its officials, chaos is inevitable which may lead to anarchy. The consequences can become catastrophic, corruption may be created and democracy threatened to collapse. This paper identifies the various instances of justice being delayed and or denied, and the effects thereof. Recommendations are included in an attempt to improve on the effectiveness of the criminal justice system, and to prevent the escalation of crime as a substitute for justice