Supreme Court

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It is surely not overstating matters to call this a watershed judgment. Consider, for example, the argument put up by Namibia’s national intelligence services at the high court and again at the country’s top court: once “secrecy and national security” were at stake, they said, the courts were powerless to do anything other than order suppression of any publication that might infringe such security.

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Recusal has become a political football in a number of African jurisdictions during the past months, but Namibia has produced a completely new scenario: magistrates who refuse to continue a case because of a workplace grievance, and recuse themselves in protest.

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At 77 pages, the Supreme Court’s decision on the status of the two Swazi industrial courts has to be one of the longest ever produced in that country.

Five Supreme Court judges wrestled with the complexities but in the end it was authored by Judge “M J” Majahenkhaba Dlamini with the concurrence of the others.