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Im folgenden finden Sie eine kurze Erklärung der verschiedenen Rechtsberufe in Namibia in Englisch. Eine deutsche Übersetzung soll folgen.
Legal Practitioners
Legal Practitioners are defined and governed by the Legal Practitioner's Act no 15 of 1995. Before the promulgation of the Act, the profession was divided into advocates and attorneys, with advocates being specialists at law. The situation has changed to a certain degree.
Attorneys
An attorney is a general legal practitioner, with which a person has his/her first interaction when he/she has a legal problem. An attorney is the most accessible legal practitioner, as he/she deals with a wide spectrum of the legal field. Attorneys are expected, in terms of the Legal Practitioner's Act, to practice with a Fidelity Fund Certificate, without which they cannot represent clients in a court of law.
Advocates
An advocate is a person which specializes in a specific field of law. Although the division between attorneys and advocates is not recognized anymore as it was before, the Legal Practitioners Act makes provision for legal practitioners who practice without a Fidelity Fund Certificate (advocates). Advocates in Namibia belong to what is known as the 'Society of Advocates of Namibia', which serves as a membership and disciplinary body.
Attorney-General
This political appointment is the government's legal adviser. He has final responsibility over the office of the Prosecutor General. The meaning of final responsibility was settled by the Supreme Court in Ex Parte Attorney General: In Re: The Constitutional Relationship between the Attorney General and the Prosecutor General 1995 (8) BCLR 1070 (NmSC). It means that the Prosecutor-General has to keep the Attorney-General informed in respect of all prosecutions initiated or to be initiated which might arouse public interest or involve important aspects of legal or prosecutorial authority.
Prosecutor General
The chief of staff of the prosecutorial team is the Prosecutor General, an individual of integrity, conscientiousness and experience according to the Constitution. The powers and functions of the Prosecutor-General are to prosecute and defend appeals in criminal proceedings in the High Court and the Supreme Court.
Ombudsman
The Ombudsman is the public protector. The Ombudsman protects the public in, inter alia, matters concerning violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment, manifest injustice, or corruption by an official in the employ of any organ of Government. Other issues within its jurisdiction include the functioning of the Public Service Commission, administrative organs of the State, the defence force, the police force and the prison service in so far as such complaints relate to the failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration in relation to such services, as well as issues pertaining to the over-utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia.
Source: Office of the Ombudsman
