The unique constitutional position of the prosecutor-general of Namibia and the effect of the independence of the office on the functioning of the prosecuting authority in relationship with the ministry of justice and the attorney-general

Abstract

Although South Africa governed Namibia as a mandate of the League of Nations from 1918, the Namibian Attorney-General remained independent until 1977 when he/she came under the control and direction of the RSA Minister of justice. <BR><BR> The constitution of Namibia created an independent prosecuting authority, the Office of the Prosecutor-General. However, the Attorney- General, a political appointee, has the final responsibility for its office. <BR><BR> The Attorney-General interpreted the phrase final authority to include a final decision on all aspects of prosecutions. The supreme maintained that the prosecutor-General was totally independent. <BR><BR> It didn't discuss the position of the Prosecutor-General's staff or its precise relationship with the Ministry of Justice. It is, however, logical to conclude that the staff of the Prosecutor-General is also independent and free form political control, until Parliament promulgates an Act to regulate the Office of the Prosecutor-General, the precise position of the prosecutorial staff will remain uncertain.