#3 Common Law – applicable in Namibia?

The question is: can common law courts be installed in Namibia?

We have a Constitution hailed as the most progressive in the world. This Constitution solidly enshrines our naturally inherited human rights. Thus one would think that common law, which is rooted in Natural Law, would have been given its rightful place within that Constitution.  This, however, is not the case. Instead, Roman/Civil Law has been cleverly weaved into the Constitution by those in control of the whole process.

We are not given a jury of the people, like in England, Canada and America, but judges appointed by the President. Can we then truthfully boast about having the most progressive Constitution in the world? I do not think so. But I digress.

Common law is an inalienable part of any democracy

Namibia claims to be a democratic Republic. In a Democracy, civil servants are elected by the people as their representatives and are thus accountable to the people, the community who elected them. It is then the duty of the people to enforce this accountability, not the duty of those elected.

When democratically elected governments do not address matters of concern to the community, they neglect their duty of office and must expect investigations concerning this neglect.

Such investigations can only be done by the people in whose service the government is placed. Public officials themselves do not have the jurisdiction to investigate their own wrong actions just as state-appointed judges have no jurisdictional competence to rule on the criminality and guilt of their employers.

That jurisdiction rests on the voting public. That is common sense – common law.

Common law is enacted by common law courts

Namibias’ courts are run as civil law courts, where the public at best is granted spectator status. Those courts do not serve the public. They are designed for the protection of rulers and tyrants.

The authority to establish jury-run common law courts is vested in the inherent sovereignty of the people and their resolve to uphold that sovereignty. Thus common law courts can be established in any community anywhere in the world.

The purpose of common law courts is the protection of the community and every part in it, including the protection of the inalienable rights of every person within that community.

Since that also is the purpose of the Namibian Constitution, the establishment of jury-run common law courts in Namibia is constitutional and lawful, even if not specifically mentioned therein. 
If we the people have the right to set up political parties opposing the government (Article 17+18), we most certainly have the right to set up common law courts.

The foremost principles of jury-run common law courts are due process and the normal Rules of Evidence. These principles, once again, are stipulated clearly in the Namibian Constitution. Thus jury-run common law courts would not violate, but uphold the constitution.

The go-ahead to establish such courts only depends on the needs of the community and their resolve to protect their inalienable rights and sovereignty.  It is not subject to any political system, government or any other legal or moral authority.  

If the Namibian communities decide they’ve had enough of manipulation and stealing of public monies and assets, they have the right and duty to start investigations to protect what is rightfully theirs.

For a more detailed explanation of jury-run common law courts you can go HERE .