Is the right to kill in effecting an arrest in Namibia in conflict with Article 6 of the Namibian Constitution or not

Abstract

Abstract provided by author

Today, after almost twenty (20) years of independence, our country has reached that stage whereby the acknowledgement and protection of fundamental human rights for all of our people is of the utmost importance and fundamental for our continued development

This dissertation examines the constitutionality of the right conferred by members of the Namibian Police and private citizens to kill suspected criminals, in instances whereby the criminals attempt to flee or cannot be arrested without being killed. The examination of the topic does not cover situations where the suspected criminals pose a danger to the arrestors or where the latter act in self-defence. The study is conducted against the background of article 6 of the Namibian Constitution that guarantee the Right to Life

The first chapter which is the introduction covers the background to the study and provides for a general overview of the paper. The next chapter deals with the content, scope and application of the legislation that gives the authority for killing suspected criminals, with a view of eventually assessing whether or not the law is still necessary in an democracy such as ours. Chapter three would attempt to identify the various constitutional provisions that appear to be violated by the said legislation, with the aim of determining whether indeed the legislation is unconstitutional

Chapter four focuses on the positions of international human rights instruments on the right to life. In this chapter great emphasis will be given to how important and material these international and regional protection frameworks regard and thus view the right to life. The following chapter will examine how our courts interpret constitutional provisions. The aim here is to determine what approaches the courts are likely to follow in deciding the constitutionality of the law empowering the killing of suspects vis-à-vis the right to life guaranteed by our constitution. Chapter six would focus on the position in foreign jurisdictions with the view of having an analytic comparison with our own situation. This is followed by the conclusion which would be an endeavor to come up with suggestions on how the application of this legislation may be limited and equally providing for arguments why this legislation may be unconstitutional.