In terms of Article 79 of the Constitution, the Supreme Court of Namibia consists of the Chief Justice and additional Judges and is presided over by the Chief Justice. In terms of Article 78 the Supreme Court has inherent jurisdiction.
The Supreme Court hears and adjudicates upon appeals emanating from the High Court, including appeals which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. This Court also deals with matters referred to it for decision by the Attorney-General under this Constitution, and with such other matters as may be authorized by Act of Parliament.
Three (3) Judges constitute a quorum of the Supreme Court when it hears appeals or deals with matters referred to it by the Attorney-General under the Constitution.
The Supreme Court Act, Act 15 of 1990, as amended makes provision for the jurisdiction of the Supreme Court of Namibia in pursuance of the provisions of Article 79 of the Namibian Constitution; the making of rules of court; and to provide for matters incidental thereto. The Rules of the Supreme Court, 56 of 1990 provides for the conduct of the proceedings of the Supreme Court of Namibia.
A decision of the Supreme Court is binding on all other Courts of Namibia and all persons in Namibia unless it is reversed by the Supreme Court itself, or is contradicted by an Act of Parliament lawfully enacted (Article 81).
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