SERVICES - MOJ
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Community Courts
01
What We Do
Community courts identify and solve issues within a neighbourhood, focusing on addressing local safety and criminal justice issues. The Community Courts Act of Namibia, 10 of 2003, outlines the establishment, functions, organisation, and management of community courts in Namibia. Section 7 of the Act outlines the jurisdiction and powers of the community courts and Section 8 of the Act provides for the appointment of community court officials, including the presiding officers and clerks. The presiding officers are appointed by the Minister of Justice, while clerks are appointed by the presiding officer. Family disagreements, civil cases, and small criminal proceedings can all be heard in community courts. For minor criminal offenses, the community courts have the authority to issue fines, community service requirements, and other non-custodial penalties. Community courts have the authority to grant the parties involved in civil cases damages, restitution, or other types of relief. The Act also allows for the establishment of traditional courts, which are similar to community courts but have jurisdiction over issues of a more traditional nature and are run by members of the community such as traditional leaders. To ensure that all Namibian residents, regardless of their race, ethnicity, or social standing, have access to justice, traditional courts work closely with community courts.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Oshakati
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Curatorship
01
What We Do
Curatorship is a legal procedure that aims at protecting an adult who needs assistance with specific living activities. It is more protective than the protection of the court but less demanding and with less responsibilities than guardianship. When someone is unable to handle their own affairs, such as a minor, a patient with a mental illness, an absentee, or another individual, a curator or tutor is appointed to manage their property. Tutors are solely appointed over the assets (and maybe over the person of the minor), whereas curators may also be appointed over the property of majors. If the person in question regularly lives in Namibia or owns property here, the Master will have the authority to name a curator or tutor over their property. A curator or tutor is "appointed" by a will, the High Court, or in some circumstances the Master. The provisions of chapter four of the Administration of Estates Act 66 of 1965 (as amended) and various other legislations regulate curatorship and tutorships in Namibia. To get into contact with a curator or tutor, you can visit the Master of the High Court in Windhoek and Oshakati.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Oshakati
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Deceased Estates
01
What We Do
In order to ensure a smooth winding up of the deceased's financial affairs and the safeguarding of the financial interests of the heirs, the Master's office is in charge of the administration of decedent estates. The Administration of Estates Act 66 of 1965 (as amended) outlines the role of the Master and his or her rights and responsibilities. Three periods can be distinguished in Namibia's recent history of estate administration oversight. Prior to July 14, 2003, the date the Berendt decision went into effect, the initial period in which the duty to oversee the administration of deceased estates was divided along racial and geographic lines. The management of testate Black, White, coloured, and Asian estates was under the close supervision of the Master of the High Court. The Administration of Estates Act 66 of 1965 (as amended) provided a description of the Master's authority and functions, which is still in effect today. In accordance with Administration of Estates (Rehoboth Gebiet) Proclamation 36 of 1941, the estates of Black people who passed away intestate were overseen by the Magistrate whose district the deceased resided in, and the estates of Basters of the Rehoboth Gebiet were overseen by the Magistrate of the Rehoboth district. The Master of the High Court shared concurrent jurisdiction with the Magistrates in the estates of Black people who passed away intestate during the second period, which ran from 14 July 2003 (the date of the Berendt judgement) to 29 December 2005 (the day the Amendment Act went into effect). Any party to an estate administration had the right to ask the Master of the High Court to oversee the administration of the estate in question in accordance with the Administration of Estates Act. After the Amendment Act went into effect on December 29, 2005, the third period only brought about procedural modifications. The following major changes were brought about by the Amendment Act: Regardless of race or location, the Master of the High Court shall oversee the administration of all deceased estates. The Administration of Estates Act 66 of 1965 (as amended) must be followed while handling any estate. Magistrates regulates intestate estates with a value of less than N$ 100,000.00 in order to help the Master in carrying out his or her duties.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Oshakati
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Guardian Fund
01
What We Do
The Guardian's Fund is a branch of the Master's office. According to Chapter V of the Administration of Estates Act 66 of 1965 (as amended), it is a statutory fund. The Guardian Fund's mission is to protect the assets of those who lack legal capacity and competence, unidentified or absent heirs, and certain untraceable people. The first funds received by the Guardian’s Fund in Windhoek was on 7 July 1920. Moneys are usually paid into the Guardian’s Fund by executors and financial institutions such as:
• Pension Funds (usually the lump sum from a death claim for a member that passed away for the benefit of his/her minor children)
• Salary offices (salary of the deceased payable to the deceased estates)
• Insurance companies (policies due to the deceased estates or for the benefit of minor children)
• Inheritances (inheritance from a deceased estate due to a minor beneficiary)
• Insolvencies (dividends due to creditors payable from an insolvent estate or company or close corporation under liquidation)
• MVA (benefit paid by the MVA fund for a minor)
• Curatorships (moneys from the estate of person incapable of handling his/her own affairs for the benefit of such person)
The Guardian's Fund has a current account at Bank Windhoek's Kudu Branch. Each and every dollar received is deposited into the Bank Windhoek account. Payments are made from the Bank Windhoek account via check or electronic transfer. All funds that aren't needed right away are invested at different financial institutions. To choose where to invest and what kind of investment to make, apply the following rules:
• Highest rate with lowest risk.
• Cash flow – how much funds are necessary for immediate payments.
• Amount of many already invested in a specific company – to reduce risk of losing money if company went bankrupt.
• Products available in the market.
• CPI is used as the benchmark.
The financial records of the Guardian’s Fund are audited annually by the Auditor – General and the Internal Audit division of the Ministry of Justice
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Oshakati
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Insolvency
01
What We Do
Insolvency is essentially a debt collection process, but it also relates to two other processes: sequestration and liquidation. The procedure of managing the insolvent estate of all entities other than legal persons is referred to as sequestration. The procedure of dissolving a legal person is referred to as liquidation. Practitioners of insolvency serve as trustees of individual bankrupt estates and liquidators of corporations. The sequestration of an insolvent person's estate eliminates the insolvent of his estate and transfers it to the Master and the appointed trustee. Sequestration stops legal actions as well as execution of judgements rendered against the insolvent. The assets must be gathered by the trustee or liquidator, sold, and the earnings used to pay the creditors. The proceeds from the assets covered by secured claims are used to cover some costs, while the proceeds from the assets not subject to secured claims and secured claims are used to cover the costs of sequestration, statutory preferences, and the claims of the estate's unsecured creditors who have established their claims. The most frequent forms of insolvency are compulsory sequestration by creditors and voluntary surrender by the debtor. The following persons are a “Debtor” according to section 2 of the Insolvency Act and case law:
• A natural person;
• A partnership;
• The estate of a person whose estate is already sequestrated and is still under sequestration;
• Certain clubs;
• Trusts
• Deceased estates;
• Estates of certain minors, persons under Curatorship, absentees;
• Joint estates of spouses who marry in community of property;
The Insolveny Act 24 of 1936, Companies Act 28 of 2004 and various other legislations regulate sequestrations, liquidations, and judicial management in Namibia. The first insolvency was registered in 1920 in the Master's office, Windhoek.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Oshakati
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Issuing Apostilles
01
What We Do
An Apostille is a certificate that verifies the origin of a document. This must be done on all official documents produced by government agencies or other institutions of public trust that bear the coat of arms or seal of the Republic of Namibia or another state that has ratified the Convention. A public document's provenance must be verified before it can be utilised in another nation. According to the Hague Convention on 5 October 1961 Abolishing the Requirements of Legalisation for Foreign Public Documents, apostille certificates are provided. This Convention was joined by Namibia on January 30, 2001. The Permanent Secretary of the Ministry of Justice and the Registrar of the High Court have been selected to issue Apostilles on behalf of the Republic of Namibia because Namibia is a party to this Convention. When a public document needs to be utilised in a country that is not a signatory to the Convention, the Ministry of International Relations and Cooperation uses the legalisation process to verify the document's provenance.
What is a public document in terms of the Convention?
• Documents emanating from an authority, or an official connected with the courts or tribunals of the State; including those emanating from a public prosecutor, a clerk of court or a process-server;
• Administrative documents;
• Notarial Acts;
• Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of document
• or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
Where applications may be made for Apostilles?
Applications for apostilles may be made to the Directorate: Legal Services in the Ministry of Justice and the Registrar of the High and Supreme Court of Namibia. Procedure to be followed in applying for apostilles at the Directorate Legal Services Apostilles processed by the Directorate Legal Services are issued by the Permanent Secretary or the Deputy Permanent Secretary of the Ministry of Justice. Applicants for Apostilles on Public documents are required to complete an application form which can be collected from our offices on the 1st floor, Rooms 138-144, Ministry of Justice, Head Office, Justitia Building, Independence Avenue. Applicants must:
• Provide the full names, surname and capacity of the person who signed the document;
• Attach the original document on which they want an Apostille to be issued.
• In the case of an ID or Passport, only copies certified by a Notary Public will be accepted.
Kindly take note that as per the terms of the Hague Convention we only issue Apostilles on Namibian public documents bearing the seal/stamp of the Republic of Namibia. Namibian documents that are not issued by the Republic of Namibia can nevertheless be notarized by the Registrar of the High Court of Namibia. Documents which may be presented to the Registrar are as follows:
• High and Supreme Court documents and Notarial Certificates
• All public documents issued by any O/M/A or body other than the High or the Supreme Court or a Notary Public must be submitted to the Directorate of Legal Services.
Application forms for an Apostille by the Registrar may be downloaded from the website www.ejustice.moj.na, under High Court forms and Precedents. Application made to both the Directorate of Legal Services and the Registrar for an Apostille may not be done through e-mail or fax, because the original documents must be submitted. Apostilles issued by both the Directorate of Legal Services and the Registrar are done free of charge.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Main Division, SADC Building
High Court Building
corner of John Meinert and Robert Mugabe Street
+264 61 292 1353
+264 61 236 802
info@moj.gov.na
Windhoek
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 1253/4
+264 65 220 048
info@moj.gov.na
Legal Aid
01
What We Do
The Legal Aid Directorate under the Ministry of Justice in Namibia provides legal assistance to individuals who cannot afford the services of a private lawyer. The organization's primary goal is to ensure that everyone has access to justice, regardless of their financial situation. The Legal Aid Directorate provides legal advice, representation, and assistance in court proceedings, including criminal, civil, and family matters. The organization benefits individuals who are unable to afford legal representation and would otherwise be unable to access the justice system. This includes low-income earners, people living in poverty, and vulnerable groups such as women, children, and persons with disabilities. The Legal Aid Directorate also provides legal assistance to people who are in police custody or detention and require legal representation. In summary, the Legal Aid Directorate provides an essential service to the community by ensuring that everyone has access to legal representation, regardless of their financial situation.
02
Contact Details
Windhoek
Registrar of the High Court of Namibia
Kisting House
Opposite Magistrates Court
Mungunda Street, Katutur
+264 61 420 200
+264 61 230 204
info.legalaid@moj.gov.na
Windhoek
Registrar of the High Court of Namibia
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 420 200
+264 65 220 048
info.legalaid@moj.gov.na
Maintenance
01
What We Do
The Namibian Maintenance Act 9 of 2003 is a law that requires parents and guardians to financially support their children, regardless of whether they are living together or not. This law applies to both biological and adopted children. It also outlines the process for applying for maintenance, the factors that are considered when determining the amount of maintenance to be paid, and the consequences for not paying maintenance. The primary goal of the law is to ensure that children receive the financial support they need to live a decent life.
02
Contact Details
Windhoek
Room 228 Mungunda Street
Katutura Magistrate Court
+264 61 320 1297
+264 61 254 054
info.legalservices@moj.gov.na
Windhoek
Main Division, General Office
High Court Building
corner of John Meinert and Luderitz Street
+264 61 292 420 200
+264 65 220 048
info.legalservices@moj.gov.na
Trusts
01
What We Do
The Trust Money Protection Act 34 of 1934 regulates the administration of trust moneys in Namibia and came into operation in Namibia on 20 June 1975. Various aspects relating to trust are still regulated by the Common law e.g. duties of trustees. The first trust was registered in 1977 in the Master’s office, Windhoek.
There are two types of trust:
• An inter-vivos trust created between living persons:
• Testamentary trust derives from a valid will of a deceased.
A trust is a structure to which property is transferred by the founder or third party to beneficiaries nominated in a trust deed. The trust property is administered by trustees appointed in the trust deed or will for the benefit of one or more beneficiaries. The trustees are thus not the owners of the trust property, they simply manage the affairs of the trust for the benefit of the nominated beneficiaries. Trusts are mostly used for the purposes of:
• Estate planning
• Business activities
• Charity
Trusts are subjects to an annual audit and must comply with the certain provisions in the Financial Intelligence Act 13 of 2012 and the regulations thereto. Section 1(c) of the Income Tax Amendment Act 5 of 2007 includes a trust in the definition of a ‘person’ for purposes of income tax.
02
Contact Details
Windhoek
Master of the High Court
+264 61 292 1111
+264 61 236 802
info.legalservices@moj.gov.na
Oshakati
MMaster of the High Court
+264 65 223 6700
+264 65 220 048
info.legalservices@moj.gov.na