Lambert, Thomas J.2014-02-072014-02-072010http://hdl.handle.net/11070/468A thesis submitted in partial fulfillment of the requirements for the award of the Degree of Master of Arts in Security and Startegic StudiesAbstract provided by authorThe Namibian Defence Force (NDF) is 18 years in existence and, like any other organization is responsible for the maintenance of discipline within the institution. However, the legal system of the NDF contains more than the ordinary disciplinary hearings as provided for in the Public Service Act, (Act 13 of 1995) and Labour Act, (Act 6 of 1992) as it has jurisdiction over any criminal case. This study is initiated by the Permanent Secretary of the Ministry of Defence (P. Shivute, memorandum, 11 April 2008), who required an investigation into the administration of justice within the Force. This is to ensure that a fair justice system within the NDF is prevailing and that possible transgressors are ensured of their rights to a fair trial as provided for by the Namibian Constitution and other applicable lawsLike most other defence forces, the NDF also has its own "legal system" within the force. In the case of the NDF it is provided for by the Defence Act, 2002 (Act 1 of 2002). The Defence Act, 2002 and the Code provides for the establishment of military courts, as well as the pre-trial, trial and post-trial procedures. The jurisdiction is limited to action against members of the NDF as well as certain categories of people who are, according to the provisions of the Defence Act, 2002, subject to the CodeAlmost two decades of existence is enough justification for enquiry to assess the application of the legal system within the NDF. In order to determine whether the requirements for a fair trial are complied with the main research objective is the investigation into the justice system within the military society which includes the specific procedures, the different authorities, the rights of an accused and the assurance of a speedy trialThe administration of justice within the military must not be regarded as an isolated system but must be seen as being subjected to the provisions of the civil justice system as well as the norms set for the society as a whole. Therefore, the rules of evidence and general principles of fair trial and principles of justice as applied by the public courts also apply to military courtsxv, 103 pengMilitary law NamibiaSoldiers legal status, lawNamibia armed forcesThesisF004-199299999999999