Kausea v Minister of Home Affairs & Others 1995 (1) SA 51 (Nm)

The applicant, a police officer, had published comments critical of the Namibian police. Proceedings were brought against him in terms of Police Regulation 58(32) which provided for an offence if a member of the force commented unfavourably on the force in public upon the administration of the force. Applicant applied for a declaratory order declaring the regulation to be invalid.

The Namibian constitution in terms of art 144 provides that unless otherwise provided in the constitution or Act of Parliament the general rules of public international law and international agreements binding upon Namibia ‘.shall form part of the law of Namibia. Accordingly the African Charter became part of Namibian law. The Court found that it was questionable as to whether the 1982 Constitutional provisions and the Universal Declaration of Human Rights had become part of Namibian Law ‘ but their provisions should carry weight in the interpretation of the Namibian Constitution. This was especially the case where the Namibian constitution was equivocal or uncertain, relevant international agreements should be given considerable weight (p86).

| Return to Topic Menu | Return to Main Menu |