A study of extradition law of Namibia in the context of the constitution

Simple item page
dc.contributor.authorMbundu, George Ndaileen_US
dc.date.accessioned2014-02-07T14:07:52Z
dc.date.available2014-02-07T14:07:52Z
dc.date.issued2004en_US
dc.description.abstracten_US
dc.description.abstractThis study is mainly based on literature review of domestic extradition legislation and the Namibian Constitution, extradition legislation from selected foreign jurisdictions, works of learned international writers on the subject as well as the analysis of judicial decisions on selected local and foreign reported cases. The study includes a brief comparative analysis of extradition legislations of the Republic of South Africa, the United Kingdom and that of Canadaen_US
dc.description.abstractThe project has been able to reveal inconsistencies between certain provisions of the Namibian Extradition Act, (hereafter referred to as the Act) and those of the Namibian Constitution (hereafter referred to as the Constitution). Further more it has been found that the Act permitted reception of certain evidential material at extradition enquiries as conclusive proof of facts alleged, which reception was found to be potentially inconsistent with accepted rules of evidence applicable in Namibian courtsen_US
dc.description.abstractIt was also brought to light that when the Minister of Justice performed his or her functions in terms of section 10 (1) of the Act, such exercise of power could amount to a failure in following the principle of audi alteram partemen_US
dc.description.abstractThe study has shown that some provisions of the Act regarding administrative decisions that the Minister has to take prior to the commencement of the extradition enquiry before a magistrate render the extradition process more cumbersome and that it is necessary to simplify the process for the benefit of the extraditee and the expediency of criminal justice. Against this background, comparative perspectives between local and foreign legislation have revealed suitable alternatives in this regarden_US
dc.description.abstractThis research project has found that the provisions of sections 10 (1), 12 (5) and 21 of the Act could be held to be inconsistent with those of Article 12 (d) of the Constitution and that relevant provisions be amended to render them compatible with the Constitutionen_US
dc.description.abstractFinally, this research project has investigated the Namibian extradition law in a comparative context thereby highlighting and further examining complex issues obtaining in the field of extraditionen_US
dc.description.degreeWindhoeken_US
dc.description.degreeNamibiaen_US
dc.description.degreeUniversity of Namibiaen_US
dc.description.degreeMaster of Laws (Criminal Justice)en_US
dc.format.extent142 pen_US
dc.identifier.isisF004-199299999999999en_US
dc.identifier.urihttp://hdl.handle.net/11070/279
dc.language.isoengen_US
dc.masterFileNumber2916en_US
dc.subjectExtraditionen_US
dc.subjectLegislationen_US
dc.subjectConstitutional lawen_US
dc.titleA study of extradition law of Namibia in the context of the constitutionen_US
dc.typeThesisen_US
Files
License bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.71 KB
Format:
Plain Text
Description:
Download
Collections
Masters Degrees (DPPL)