Title: The Law of Pre-Trial Criminal Procedure in Namibia
Editiors: Loide Shaparara, Festus Weyulu, Clever Mapaure, Ndjodi Ndeunyema, Pilisano Masake
Genre: Legal Sciences; Legal Studies
Publisher: University of Namibia Press
Windhoek, Namibia 2014
Softcover, 17 x 24 cm, 526 pages
'The Law of Pre-Trial Criminal Procedure in Namibia' introduces the reader to the fundamental principles and values underlying criminal justice, through the systematic guidance of the 1977 Act provisions, with emphasis placed on the progressions introduced by subsequent amendments and by Namibian case law. The Law of Pre-Trial Criminal Procedure in Namibia is a unique amalgam of presentations of what was applicable and now departed from; what is now in place and how it came to be; some comparative analyses with other jurisdictions; and, where necessary and expedient, some comments on where the direction was or is wrong and how we can go about changing it.
Where Namibian courts are yet to express an opinion or when it is otherwise befitting for persuasive purposes, reliance is placed on opinions of the superior courts in Southern Africa such as South Africa, Zimbabwe, Desotho, and other comparative English and Roman-Dutch common law jurisdictions. Age and levels of qualifications should never be allowed to creep into the arena of innovation and knowledge generation. Through this book, we have rejected the notion that academic writing has a pre-requisite of age and the highest of academic qualifications. As young and emerging scholars, ours was the intention to produce a book that would contribute immensely to the understanding of Namibian pre-trial criminal procedure.
We hope that the book will serve as a port of first call to those interested in pre-trial criminal procedure in Namibia. It will be helpful to those intimately involved in the criminal process, i.e. accused persons, police officers, prosecutors, legal practitioners and judicial officers, as well as students, academics, social workers, clinical psychologists and journalists. In this regard The Law of Pre-Trial Criminal Procedure in Namibia serves as our contribution to legal education, which is at the core of any legal system, and forms an inseparable part of the bigger ideal of contributing to the production of a nation knowledgeable in the legal and social areas it covers.
INTRODUCTION TO THE NAMIBIAN CRIMINAL JUSTICE SYSTEM
THE PROSECUTORIAL AUTHORITY AND CONCOMITANT MATTERS
INTRODUCTION TO THE CRIMINAL PROCESSES
SEARCH, SEIZURE AND FORFEITURE
WRITTEN NOTICE TO APPEARAND SUMMONS
PROCEDURE AFTER ARREST
BAIL AND OTHER FORMS OF PRE-TRIAL RELEASE
THE CRIMINAL CHARGE OR INDICTMENT
ACCUSED'S CAPACITY TO UNDERSTAND PROCEEDINGS
ASSISTANCE TO THE ACCUSED
THE PLEA BY THE ACCUSED
ABOUT THE AUTHORS
TABLE OF STATUTES
TABLE OF CASES