Namibia
Mixed: civil and common law
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Namibia is a mixed system: Roman-Dutch common law, brought from South Africa, and customary law. It has a Constitution of 1990 with a strong bill of rights, and a legal system that has developed independently since independence.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution of 1990, the highest law, with a bill of rights
- Statutes, and Roman-Dutch common law as developed in South Africa
- Customary law, applied by traditional authorities and community courts
- Decisions of the Supreme Court and the High Court
The main courts
- The Supreme Court, the final court
- The High Court
- Magistrates' courts, and community courts that apply custom
Becoming a lawyer
A law degree and admission as a legal practitioner by the High Court.
What may surprise you
- The Constitution abolishes the death penalty and protects environmental values.
- Traditional authorities run community courts recognised by statute.
- It was ruled by Germany and then South Africa, but its law follows South Africa's Roman-Dutch tradition.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Namibia as: Common law, Civil law. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Namibia, consult a lawyer qualified there. Report a mistake.

