There are seven (7) Government sponsored accommodation facilities for the older persons. Those elderly persons who are still self-sufficient can be accommodated at these facilities against a nominal fee. These facilities are situated in Khomas, //Karas, Omaheke, Kunene and Erongo Regions. 6. ARTICLE 26: INSTITUTIONAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS 6.1 The role of the judiciary in the protection of human rights Article 78(2) of the Namibian Constitution explicitly states that the courts are independent from the executive, and the legislature, and are subject only to the Constitution and the law. Article 78 (1) clearly demonstrates that judicial independence and impartiality are protected by the highest law of the land. Namibia has a strong judiciary which has actively defended the constitutional rights of citizens and non-citizens. The courts have handed down important decisions in a number of cases including on the rights of persons with HIV and AIDS. In July 2012, the High Court ruled in favour of three women who sued the Government after having been sterilized in State-run hospitals. In response to the outcome of the case the MoHSS has implemented measures to prevent the above mentioned from happening again. Patients are referred to social workers for counseling, after which they need to sign that they understand the implications of sterilization. Patients also have to sign an affidavit at the Police station indicating their permission to the sterilization before a doctor will conduct the procedure. In an earlier case of S v Ganeb 2001, Mr. Ganeb was convicted in the Magistrate’s court on charges of stock theft. He sought to have a Judges certificate in terms of section 309(4) (a) read with section 305 of the Criminal Procedure Act No. 51 of 1977. A judge’s certificate was a requirement for any person behind bars and who did not have access to a lawyer to get an appeal or a review. His application was turned down. Mr. Ganeb, not content with this rejection made his views known to the judge president who in turn sought to have the matter weighed against the Namibian Constitution. - 23 -