Namibia Legal Practitioners' Qualifying Examination study materials
Namibia Legal Practitioners' Qualifying Examination study resources

Namibia Legal Practitioners' Qualifying Examination: Constitutional and Administrative Law

Namibia Legal Practitioners' Qualifying Examination · Work through your exam, one topic at a time.

All guide sections

Constitutional and Administrative Law

Constitutional framework

The Constitution is supreme (Article 1(6)). Chapter 3 protects rights including equality (Article 10), fair trial (Article 12), privacy (Article 13), family (Article 14), property (Article 16), administrative justice (Article 18) and freedom of expression (Article 21). Rights may be limited under Article 22 only by a law of general application, to the extent necessary in a democratic society, and without negating the essential content. Article 25 provides enforcement, including just and equitable relief.

Administrative justice

Article 18 requires administrative bodies to act fairly and reasonably and to give written reasons. Review grounds include illegality, ultra vires, procedural impropriety (audi alteram partem, nemo iudex), irrationality and unreasonableness. Review is distinct from appeal: review attacks the legality of the process, appeal attacks the merits. Remedies include setting aside, remittal, declaratory relief and, in certain cases, damages.

Worked example

A minister revokes a transport licence without notifying the holder or giving reasons. The decision breaches Article 18 and the audi alteram partem rule. The holder may bring review proceedings; the court can set aside the decision and remit it for a lawful hearing. Damages would require proof of a separate wrongful act.

Traps

Citing the South African PAJA, which is not Namibian law; confusing review with appeal; and ignoring time limits and the requirement to exhaust internal remedies.