Ex parte: Prosecutor- General (POCA 11 of 2011) [2011] NAHC 355 (2 December 2011)

Ex parte: Prosecutor- General (POCA 11 of 2011) [2011] NAHC 355 (2 December 2011)

There is no statutory provision authorizing persons other than admitted legal practitioners to appear in Section 51 POCA applications. The absence of such provision, in contrast to express provisions for other POCA applications, indicates that only admitted legal practitioners may represent the Prosecutor-General in these civil proceedings.

Citation
[2011] NAHC 355
Parties
Applicant: The Prosecutor-General
Court
High Court
Jurisdiction
Namibia
Judgment Date
2 December 2011
Case Number
POCA 11 of 2011
Procedural Posture
Ex Parte Application for Preservation Order Under POCA / Ruling on Right of Audience / Representation
Outcome
Application not moved; Ms. Boonzaier found to have no locus standi to appear.
Legal Topics
Right of Audience, Statutory Interpretation, Preservation Orders, Legal Representation
Source Language
English
Civil Procedure Constitutional Law Right of Audience Statutory Interpretation Preservation Orders Legal Representation

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Parties

The Prosecutor-General

Applicant

Procedural Posture

Ex Parte Application for Preservation Order Under POCA / Ruling on Right of Audience / Representation

Legal Issues

  1. 1 Whether a person not admitted as a legal practitioner in Namibia may move an application for a preservation order under Section 51 of POCA on behalf of the Prosecutor-General

Ratio Decidendi

There is no statutory provision authorizing persons other than admitted legal practitioners to appear in Section 51 POCA applications. The absence of such provision, in contrast to express provisions for other POCA applications, indicates that only admitted legal practitioners may represent the Prosecutor-General in these civil proceedings.

Court Disposition

Application not moved; Ms. Boonzaier found to have no locus standi to appear.

Orders

  • Ms. Boonzaier has no locus standi to move the application.