Supreme Court

His Lordship Peter S. Shivute, CHIEF JUSTICE

The seat of the Supreme Court is in Windhoek. The Supreme Court shall consist of the Chief Justice and such additional judges appointed in a permanent capacity as determined in accordance with the provisions of Article 79 (1) of the Namibian Constitution. As the apex court of the land, the Supreme Court is functions well and provides much-needed jurisprudential leadership.

Under Article 79 (1) the following are provided:


“The Supreme Court shall consist of a Chief Justice and such additional Judges as the President, based on the recommendation of the Judicial Service Commission, may determine.

The Supreme Court shall be presided over by the Chief Justice and hear and adjudicate on  appeals originating  from the High Court, including those which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. The Supreme Court shall also deal with matters referred to it for decision by the Attorney-General for decision under the Constitution, as well as with such other matters as may be authorised by Act of Parliament.

Three (3) Judges shall constitute a quorum of the Supreme Court when it hears appeals or deals with matters referred to it by the Attorney-General under this Constitution; However,  provided that provision may be made by Act of Parliament for a lesser quorum in circumstances in which a Judge seized on  appeal dies or becomes unable to act at any time prior to judgment.

The jurisdiction of the Supreme Court, with regard to appeals, shall be determined by Act of Parliament.”

Honourable Judges of the Supreme Court

Left to Right: Justice Frank (Ad hoc Judge), Justice Smuts, Justice Damaseb (Deputy Chief Justice), Chief Justice Shivute, Justice Mainga, Justice Hoff