CHAPTER 3
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 12
Fair Trial

(1) (e) All persons shall be afforded adequate time and facilities for the preparation and presentation of their defence, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.

CHAPTER 3
LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINAL PROCEEDINGS

Legal representation of accused

17. Pursuant to Article 12(1)(e) of the Namibian Constitution, an accused has the right to be represented by a legal practitioner of his or her choice before the commencement of and during his or her trial in any criminal proceedings.

CHAPTER 13
ASSISTANCE TO ACCUSED

Accused entitled to assistance after arrest and at criminal proceedings

80. (1) An accused who is arrested, whether with or without warrant, is, subject to any law relating to the management of prisons, entitled to the assistance of his or her own legal practitioner as from the time of his or her arrest.

(2) An accused is, as contemplated in section 17, entitled to be defended by a legal practitioner of his or her choice at criminal proceedings.

(3) An accused who is under the age of 18 years may be assisted by his or her parent or guardian at criminal proceedings, and any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.

Legal representation of prisoners of war
5. (1) The court before which a protected prisoner of war (in this section
referred to as an accused) is brought up for trial for an offence may not proceed with the trial unless -

(a) the accused is represented by a legal practitioner as defined in section 1 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995); and

(b) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused,

and, if the court adjourns the trial for the purpose of enabling the requirements of this
subsection to be complied with, then, notwithstanding anything to the contrary in any
other law contained, the court may remand the accused for the period of the adjournment.

(2) In the absence of a legal practitioner accepted by an accused as representing him or her, the legal practitioner instructed for that purpose on behalf of the protecting power is, without prejudice to the requirements of paragraph (b) of subsection (1), regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns a trial in terms of subsection (1) by reason that the accused is not represented by a legal practitioner, the court must direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), the legal practitioner assigned in terms of this subsection is, without prejudice to the requirements of paragraph (b) of subsection (1), regarded for the purposes of the last-mentioned subsection as representing the accused.

(4) The Legal Aid Act, 1990 (Act No. 29 of 1990), applies with the necessary changes in relation to the manner in which a legal practitioner must be assigned in terms of this section and in relation to the remuneration payable to any such legal practitioner on the completion of his or her duties.