In recent weeks, Namibian courts have witnessed a dramatic courtroom battle involving the defence and the state in the high-profile case of the Namcor accused, popularly referred to by the public as the “oil rot” case.
The proceedings have drawn widespread public attention, not only because of the gravity of the alleged crimes but also due to the intense exchanges between lawyers, the conduct of witnesses, and the overall courtroom dynamics.
Zealous advocacy and lawyers’ role
Lawyers, by their very nature, are trained to be assertive and sometimes theatrical in their arguments. It is part of their role to challenge opposing counsel vigorously while representing the interests of their clients. This was clearly evident in the recent hearings, where the defence counsel did not shy away from using sharp rhetoric, at times attacking the state prosecutor in an attempt to undermine the credibility of the case against their clients.
While the public has expressed concern regarding the involvement of one of the lawyers, who is allegedly a member of the ruling party and the central committee, it is essential to understand that, under Namibian law, lawyers are entitled to represent any client they choose. The rules of the High Court of Namibia and the Magistrate Court Rules, particularly Part 1, and the Magistrate Court Act under sections 5(3), 23, 106, and 108, are explicit in allowing legal practitioners to take up cases, provided they maintain professional ethics and do not violate laws pertaining to conflict of interest. The perception of potential bias does not, by itself, disqualify a lawyer from representation unless the court is satisfied that a genuine conflict exists that could compromise the fairness of the trial.
Courtroom decorum and judicial oversight
Courtroom decorum is a crucial aspect of court proceedings, requiring all participants, including lawyers, witnesses, and officials, to maintain respectful and orderly conduct. This includes procedural fairness, proper document filing, and adherence to decorum during oral arguments. Judges and magistrates enforce these rules to ensure fair and efficient proceedings. During the hearings, the state faced aggressive cross-examinations by the defence counsel but maintained composure and focused on procedural and substantive points. The state argued that the defense failed to demonstrate why their clients were suitable candidates for bail, emphasizing the risk factors and seriousness of the charges.
The judge’s role as a referee in the courtroom was evident throughout the proceedings, as they had to balance the adversarial nature of the trial with maintaining order and protecting the integrity of the court process. The state’s sole witness stood firm despite aggressive questioning, highlighting the importance of witness preparation and the judge’s responsibility to protect witnesses from unnecessary intimidation or harassment during cross-examination.
Courtroom decorum also includes the expectation that lawyers will conduct themselves professionally even under provocation. The defense’s rhetorical style, though sharp, remained within the bounds of zealous advocacy. The state’s ability to respond calmly and effectively underscores the necessity for composure, preparation, and adherence to legal principles even in high-pressure situations.
The public discourse surrounding the involvement of a ruling party member as a defence lawyer in Namibia highlights a common misunderstanding of legal ethics. Lawyers in Namibia have the professional freedom to choose clients, regardless of political affiliations, as long as they comply with ethical obligations. The court’s role is to assess whether a lawyer’s involvement could compromise the fairness of proceedings.
The Namcor case highlights the practical application of the High Court Rules and Magistrate Court Act in ensuring procedural fairness. The proceedings demonstrate the importance of clear rules and the judge’s role in enforcing them. Effective judicial oversight ensures that justice is administered fairly, efficiently, and transparently, even in emotionally charged cases.
The courtroom drama in the Namcor case serves as a reminder of the delicate balance between zealous advocacy and professional conduct. Adherence to the High Court Rules and Magistrate Court Rules, proper courtroom decorum, and the critical role of the judge or magistrate are indispensable in upholding the rule of law. Understanding these principles helps the public appreciate the dynamics of legal proceedings and the protections within Namibia’s judicial system.
* Brian Ngutjinazo is a final year LLB student at the University of Namibia.