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Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe
Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe
SAIPAR Case Review
In Swartbooi, the Supreme Court of Namibia failed to give flesh, blood and bones to a theory that could unify the cases that dealt with the separation of powers in Namibia. Though few lawyers would disagree with the outcome of its judgment, the Court nonetheless achieved this outcome by retreating into its legalistic shell.
At the same time, the Swaartbooi case completed a triangle that plotted all the possible relationships between the three organs of state in Namibia. After Ex parte in re: the Constitutional Relationship Between the Attorney-General and the Attorney-General (hereinafter referred to as ‘AG and PG’) addressed …