ISBN 9789991642239
Pages 526
Dimensions 244 x 170 mm
Published 2014
Publisher University of Namibia Press, Namibia
Format Paperback

The Law of Pre-Trial Criminal Procedure in Namibia

edited by Loide Shaparara, Festus Weyulu, Clever Mapaure, Ndjodi Ndeunyema, Pilisano Masake

The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people.

CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforcement officers, and the procedures of the courts in criminal cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces readers to the fundamental principles and values underlying Namibian criminal law, through a systematic examination of the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) as amended, which was originally passed by the legislature of South Africa, and still regulates criminal procedure in Namibia, the amendments to it since 1990, and relevant Namibian Case Law. The book captures and discusses the law relating to the pre-trial criminal process in Namibia in detail, from the roles of the prosecutor and the police, search, seizure and forfeiture, interrogation, notices and summons, arrest, court appearance, bail, criminal charges, disclosure, diminished capacity, right to assistance, to pleas and plea-bargaining.

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About the Editors

Loide Shaparara

Hailing from Karasburg, Namibia, Loide Shaparara holds a B. Juris Degree and a Bachelor of Laws (LLB) (Honours) from UNAM. She is currently enrolled at the Justice Training Centre and is a Candidate Legal Practitioner. She is currently a Researcher at the Law Reform and Development Commission of Namibia, and has developed a deep interest in the area of criminal law and its procedures.

Festus Weyulu

Festus Weyulu holds a B. Juris Degree and Bachelors of Law (LLB) (Honours) from UNAM. He is an LLM candidate in Mineral Law and Policy at the University of Dundee (Scotland) and is a Researcher at the Law Reform Development Commission of Namibia. He is a member of the Energy Institute and a member of the Association of International Petroleum Negotiators.

Clever Mapaure

Clever Mapaure is currently the Editor-in-Chief of the University of Namibia Law Review, a Research Associate in The Future Okavango (TFO) Research Project, and a Legal Advisor to the Namibia National Students Organisation (NANSO). He has also been a Visiting Research Fellow at Stellenbosch University. He has held various leadership positions as a student at UNAM and has been an Executive Member of the UNAM Alumni Association. He has also been an independent legal consultant for various institutions, including the World Bank in Washington DC. Clever is a dedicated researcher and writer, who has produced more than 30 publications in six years, including two previous co-edited books and many refereed/peer-reviewed academic articles on various topics of the law.

Ndjodi Ndeunyema

Ndjodi Ndeunyema is a co-founder of the University of Namibia Law Review, serving as the Managing Editor for 2012 and 2013. He is currently a Legal Researcher at the Law Reform and Development Commission of Namibia, has served as a Visiting Foreign Law Clerk at the Consitutional Court of South Africa, and has been selected as the 2014 Rhodes Scholar for Southern Africa.

Pilisano Masake

Pilisano Masake holds a B. Juris Degree and a Bachelor of Laws (LLB) (Honours) from UNAM and is currently an LLM Candidate at Stellenbosch University. In 2012, Pilisano was awarded the J Baloro Prize for Company Law. He is a co-founder of the University of Namibia Law Review serving as the Head Articles Editor for 2012 and 2013. He served as a member of the Namibian Police Force for over ten years as a detective, receiving several awards during his service