The Attorney General Case

REPORTABLE CASE NO. SA 7/93

IN THE SUPREME COURT OF NAMIBIA

WINDHOEK, THURSDAY 13 JULY 1995

BEFORE

' THE HONOURABLE MR JUSTICE MAHOMED, C.J. TKS HONOURABLE MR JUSTICE DUMBUTSHENA, A.J.A. THE HONOURABLE MR JUSTICE LEON, A. J.A.

In the application

EX PARTE

:

ATTORNEY-GENERAL

in re :

THE CONSTITUTIONAL RELATIONSHIP BETWEEN THE ATTORNEY-GENERAL AND THE PROSECUTOR-GENERAL

CORAM:

Mahomed, C.J.; Dumbutshena, A. J. A., et Leon, A. J. A. 1994.10.03 & 1994.12.00 1995.07.13

Heard on: Delivered on:

APPEAL JUDGMENT

LEON, A.J.A. : -

This is a petition brought by the Attorney-General of the

2 Republic of Namibia in terms of section 15(2) of the Supreme Court Act, 1990 (Act no. 15 of 1990). This Court is asked

to hear and determine a constitutional question referred to us by the Attorney-General under the powers vested in him by Article Namibia.^ 87(c) of the Constitution of the Republic of

This Court relationship

is requested between in

to determine the

the constitutional and the to

Attorney-General of issues

Prosecutor-General hereunder: -

respect

referred

Whether the Attorney-General, in pursuance of Article 87 of the Constitution and in the exercise of the final

responsibility for the once of the Prosecutor-General, has the authority: (i) to instruct the Prosecutor-General to institute a prosecution, to decline to prosecute or to

terminate a pending prosecution in any matter; (ii) to instruct the Prosecutor-General to take or not to take any steps which the Attorney-General may deem desirable in connection with the preparation, i . ,

• institution or conduct or any prosecution; (iii) to require that the Prosecutor-General keeps 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. I shall refer later herein to the ' relevant detailed

3