The Namibian Constitution entrenches fundamental rights and freedoms,
and provides for their vertical and horizontal application in any
criminal process. However, since Independence in 1990, Namibia has
developed its own criminal jurisprudence. Criminal procedure and law are
taking new shape. Namibian courts have pronounced on criminal issues,
and legislation has been passed to keep up with the demands,
aspirations, spirit, and vision of the Namibian Constitution and its
people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU
and LOIDE SHAPARARA have written an invaluable book that deals with
these developments. It explains the rights of individuals, the duties of
law enforcement officers, and the procedures of the courts in criminal
cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces
readers to the fundamental principles and values underlying Namibian
criminal law, through a systematic examination of the provisions of the
Criminal Procedure Act, 1977 (Act No. 51 of 1977) as amended, which was
originally passed by the legislature of South Africa, and still
regulates criminal procedure in Namibia, the amendments to it since
1990, and relevant Namibian Case Law. The book captures and discusses
the law relating to the pre-trial criminal process in Namibia in detail,
from the roles of the prosecutor and the police, search, seizure and
forfeiture, interrogation, notices and summons, arrest, court
appearance, bail, criminal charges, disclosure, diminished capacity,
right to assistance, to pleas and plea-bargaining.
