The main question the court had to answer was; can an inmate without legal representation seek to have an appeal or review of a lower court judgment without procuring a judges certificate. The court found section 309(4)(a) to be against article 12 ( the right to a fair trial) and article 10 (all persons shall be equal before the law) of the Namibian Constitution. There are still some challenges with regard to access to justice which is due to economic and geographic barriers, and shortage of State funded legal aid counsel. Court cases, especially in the lower courts, are often delayed because of capacity challenges in the court system. 6.2 Office of the Ombudsman The Office of the Ombudsman carries a dual mandate as both an Ombudsman in the classical sense and as the protector of human rights. During 2010 the Ombudsman, initiated the drafting of a National Human Rights Action Plan (NHRAP) to improve, respect and fulfil human rights in Namibia in line with Part 11, paragraph 71 of the Vienna Declaration on National Human Rights Action Plan of 1993. As part of this process, a baseline study on Human Rights in Namibia was completed in October 2013 with the NHRAP drafting proceeding in 2014. The tentative launch date for this plan is the 10th of December 2014. The plan has 7 thematic areas being access to health services, access to justice, access to education, right to water and sanitation, right to housing, access to land and right not to be discriminated against. The Office of the Ombudsman is the only Ombudsman’s Office in Africa that has been accredited with “A” status twice in succession according to the Paris Principles for the last three years. The Ombudsman further assumed the responsibility of human rights education as an integrated part of the protection of human rights and had various projects towards public education on specific issues running. In 2012-2013 and 2013-2014 the Ombudsman embarked on a public education project aimed at school children with the theme “My rights, My responsibilities”. This is in line with the approach followed in the African Charter on Human and Peoples’ Rights. Various age appropriate booklets and posters were developed. - 24 -

Select target paragraph3