Civil law in Namibia

Article 66 of the Constitution preserves the common law and customary law that applied at independence on 21 March 1990, unless they conflict with the Constitution or a statute. Common law is judge-developed law, while customary law consists of recognised community rules and practices. Statutes and constitutional rights can replace, limit or develop both. Constitutional equality, property protection and access to family-related remedies apply across the system, subject to the specific law and procedure. Civil matters commonly involve legal capacity, contracts, land, family relationships, estates, compensation and unpaid judgments. Natural persons, companies and other legal entities can hold rights and duties. Trusts also operate in Namibia. The age of majority is generally 18 under the Child Care and Protection Act 2015. The High Court and the Master of the High Court handle matters such as curatorship, trusts, deceased estates and the Guardian Fund. Civil registration remains subject to the existing registration regime because the Civil Registration and Identification Act 2024 has not commenced. Contract disputes usually concern agreement, performance, breach, damages, specific performance or cancellation. Written form depends on the contract or claim. A written arbitration agreement can direct the dispute to arbitration under the Arbitration Act 1965. Prescription limits depend on the claim, and interruption of prescription can be decisive. Consumer protection and labour disputes primarily belong to their own legal areas, although a civil claim may touch one of them as a boundary or consequence. Land law distinguishes registered land from communal land. The Deeds Registry and a conveyancer handle registered transfers and real rights under the Deeds Registries Act 2015. Communal land rights are governed mainly by the Communal Land Reform Act 2002 and involve Communal Land Boards and Traditional Authorities. The legal position depends on the type of right, the land and the regional or customary setting. Matrimonial-property rules can restrict transactions or require consent under the Married Persons Equality Act. Family matters can involve marriage, parentage, parental responsibilities, adoption, guardianship, maintenance and divorce. The legacy Marriage Act regime remains operational, while the Marriage Act 2024 has not commenced. The Recognition of Certain Marriages Act 1991 and customary law can also matter. The Dissolution of Marriages Act 2024 took effect on 3 June 2026 and uses irretrievable breakdown as the sole divorce ground, with orders potentially covering property, child or spousal maintenance, custody, guardianship and access. Maintenance Courts can issue civil orders. Child maintenance generally continues until 18 and may continue until 21 when the child is in education, depending on the applicable circumstances. For inheritance, the Master supervises deceased estates, trusts, curatorship, the Guardian Fund and insolvency. An executor administers an estate after receiving letters of executorship. A valid will normally requires the testator's signature and two competent witnesses, with additional formalities where the testator uses a mark or another person signs for the testator. The Wills Act 1953, Administration of Estates Act 1965 and Intestate Succession Ordinance 1946 can apply. For an intestate estate below N$100,000, a magistrate may assist with the process through the Master. The duration and cost depend on assets, debts, documents and disputes. A delict claim is a civil claim for harm caused by wrongful and culpable conduct. It generally requires proof of unlawfulness, fault, causation and harm. The Prescription Act and the available evidence affect whether compensation can be claimed. Injuries, death or loss caused by a motor vehicle can fall under the Motor Vehicle Accident Fund Act 2007. The claim is first directed to the Motor Vehicle Accident Fund, while any residual claim against another responsible party depends on the circumstances. Workplace injuries primarily belong to the labour-law framework. The High Court has original jurisdiction over civil disputes, while the Supreme Court hears appeals and its decisions bind lower courts. Magistrates' Courts handle matters within their district jurisdiction. Community Courts exercise customary civil jurisdiction and can order compensation, damages, restitution or specific performance when their jurisdiction applies. They must act fairly and observe natural justice, and their matters can be referred or appealed to a Magistrates' Court. A civil case may proceed through summons or application, service, pleadings, evidence, case management, mediation or other alternative dispute resolution, judgment and appeal. Legal practitioners usually represent parties, although the required procedure depends on the court and matter. Namibia has no separately verified national small-claims court equivalent. Lower-value disputes may instead use a Magistrates' Court, a Community Court where customary jurisdiction applies, arbitration or a settlement through a Traditional Authority. An agreement, arbitral award or court order has legal force according to the applicable law and procedure. Court fees, legal-practitioner fees and party costs vary with the claim, documents, assets and court. Civil proceedings have no universal duration. A judgment can be enforced through a writ or warrant, usually involving a sheriff or deputy sheriff. Available methods can include execution against movable or immovable property, salary execution or instalments. Rules protect debtors through notice, objections, review or appeal, and safeguards apply when a primary home is at risk, including reserve-price or market-value requirements. Insolvency or sequestration provides a collective creditor process under the Master and the Insolvency Act. Customary execution can apply to Community Court orders. The appropriate method depends on the order, debtor, assets and court.