Namibia's Supreme Court was founded on 21 March 1990, the day of Namibian Independence. Although it has the Supreme Court of South-West Africa as its predecessor, the latter was not a supreme court in the sense that appeals against its rulings would be allowed; the Appellate Division of the Supreme Court of South Africa would hear those, and they would be prosecuted by the Supreme Court of South-West Africa.
Court building
At its inception in 1990, the Supreme Court did not have its own building. The Supreme Court building, situated in Michael Scott Street on Eliakim Namundjebo Plaza in central Windhoek, was built between 1994 and 1996 as an "imposing and functional building" to represent "the integrity and soul of the Constitution". It was designed in a north African style in order to avoid resemblance of European colonial buildings, and it is Windhoek's only building erected post-independence in an African style of architecture. The building was constructed to contain two court rooms, four offices for justices, and a law library on the first floor. Erection and design of the building involved extensive geotechnical investigations because it is situated on top of a geological fault.
Mandate and power
The mandate and powers of the Supreme Court are regulated by Articles 78, 79 and 138 of the Namibian Constitution. It hears appeals against High Court decisions and matters referred from the Attorney-General, particularly those that concern constitutional matters. It can also hear matters referred to it by parliamentary authorisation. The Supreme Court regulates its own procedures and makes Rules of Court. A Supreme Court decision can only be reversed by an Act of Parliament that contradicts it, or by another ruling of the Supreme Court itself.
In 1991, the court confirmed the prohibition of corporal punishment at state schools. It also clarified that this prohibition applies independent of parent's approval or disapproval of the measurement, and even if the pupil themselves agree to be punished in this way.
In 2001, when deciding a state appeal on a granted residence permit, the court noted: "The homosexual relationship, whether between men and men and women and women, clearly fall outside the scope and intent of Article 14" of the Constitution of Namibia.
In a civil matter spinning off from the Caprivi treason trial the Supreme Court of Namibia ordered government in 2002 to provide the treason suspects with legal representation. In 2010 the court was again involved in this trial, ruling that confessions from 25 accused are inadmissible before the High Court in Windhoek due to the occurrence of "coercive actions" at the hands of Police or military to obtain the testimonies.
In 2009 the Supreme Court found that a 2000 agreement on the expansion of the coastal holiday settlement of Wlotzkasbaken was unilaterally and unlawfully changed by the Erongo Regional Council, and decided in favour of the home owners.
On 5 February 2020 the court ruled that the use of EVM's without a Verifiable Paper Trail is unconstitutional. It further declined to set aside the Elections carried out using such failed process. This has attracted some controversy.
