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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

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.