In terms of Article 80 the High Court consists of the Judge President and additional Judges, presided over by the Judge President.
In terms of Article 78 the High Court has inherent jurisdiction and has original jurisdiction to hear and adjudicate upon all civil disputes and criminal prosecutions, including cases which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. The High Court also has jurisdiction to hear and adjudicate upon appeals from Lower Courts.
It is the prerogative of the Judge President to determine the amount of Judges to preside in any particular matter. Currently Civil Trials, Criminal Trials and Civil Appeals from the Lower Courts are presided over by a single judge, whilst Criminal Appeals from the Lower Courts are presided over by two Judges. The interpretation, implementation and upholding of the Constitution and the fundamental rights are presided over by three Judges.
The High Court Act, Act 16 of 1990, as amended makes provision for the jurisdiction of the High Court of Namibia in pursuance of the provisions of Article 80 of the Namibian Constitution; the making of rules of court; and to provide for matters incidental thereto and the Rules of the High Court, 59 of 1990 provides for the conduct of the proceedings of the High Court of Namibia.
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