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Part III The Relationship Between the Judiciary and the Political Branches, 13 An Overview of the Diverse Approaches to Judicial and Executive Relations: A Namibian Study of Four Cases

Nico Horn

From: Separation of Powers in African Constitutionalism

Edited By: Charles M. Fombad

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 September 2020

This chapter examines the relationship between the judiciary and executive in Namibia. It begins with a short overview of the last decade before independence to shed some light on the historical tension between the executive and the judiciary that the first democratically elected government inherited. It then considers conflicts that threatened the independence of the judiciary in four different situations: a case where the government ignored judgments against them; the issue of the independence of the prosecutorial authority; the independence of the lower courts; and the indirect influence of the executive on judgments of the court. It concludes that although there has generally been friction between the executive and the judiciary, with the former trying to control the latter, the Namibian judiciary has remained fairly independent and withstood pressure from the executive. This has enabled it to ensure that the executive does not abuse its dominant position.

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