reasonableness in all their actions and grants persons aggrieved by administrative action the right to seek redress before the court of law. In the case of Government of the Republic of Namibia v Sikunda (2002), Sikunda senior was arrested and detained in terms of section 49 of the Immigration Control Act No 7 of 1993 pending his deportation for allegation of being a threat to the national security of the country. He brought an application to the High Court and obtained an order for his release. Both the minister and the Security Commission seem to have understood that these powers need to be exercised as a matter of urgency because national security was at stake. The issues before the court were whether the exercise of powers of his arrest, detention, declaring him persona non grata and the decision of considering him being a security risk by the Minister of Home Affairs, acting on the advice of and in consultation with the Security Commission without granting him an opportunity to make presentation was fair in terms of Article 18 of the Namibian Constitution. The Court held that the provision of Article 18 of the Namibian Constitution is implicit in that an administrative organ exercising discretion is obliged to give reasons for its decision. It was further held that an administrative tribunal, which deals with and decides on matters affecting the fundamental rights of a person as well as state security, must give explicit reasons for its refusal. The court further stated that there can be little hope for transparency if an administrative organ is allowed to keep the reasons for its decision secret. The court further held that Article 18 requires administrative bodies and officials to act fairly and reasonably. The cost of litigation is relatively high in Namibia. In criminal cases, the complainant is represented by a public prosecutor who is paid by the State, while the accused may be represented by a private legal practitioner of his or her choice. If the accused person cannot afford a private legal practitioner of his or her own choice, he or she may apply to the State to be granted legal aid in terms of Article 95 of the Namibian Constitution. Community Courts are established in terms of the Community Court Act 10 of 2003 to hear civil and minor criminal cases in areas over which they have jurisdiction on which they adjudicate. These courts only have jurisdiction to award compensation to the victims. - 30 -