38.
ARTICLE 7: SEPARATION, DIVORCE AND ANNULMENTS OF MARRIAGE
Article 14 of the Namibian Constitution prescribes that all men and women
shall be entitled to equal rights as to marriage, during marriage and at its
dissolution.
Divorces are adjudicated in terms of common law in the High Court of
Namibia based on proof of fault on the part of a spouse.
Divorces and annulments can only be final once the court has granted a final
order which include decisions as to how their properties including the
common home should be shared.
39.
ARTICLE 8: ACCESS TO JUSTICE, LEGAL AID AND TRAINING OF LAW
ENFORCEMENT OFFICIALS
Articles 10 of the Namibian Constitution prohibits any kind of discrimination.
Women have the same rights as any other citizens in the country to approach
any court or tribunal to seek justice if their rights are violated or threatened.
Article 10 of the Namibian Constitution provides that all persons “shall be
equal before the law”. In addition, Article 12 of the Namibian Constitution
provides that “all people” are entitled to “a fair and public hearing by an
independent, impartial and competent Court or Tribunal established by law”,
not only in criminal cases but also in “the determination of their civil rights
and obligations”.
Article 25(2) of the Namibian Constitution states that “Aggrieved persons who
claim that a fundamental right or freedom guaranteed by this Constitution
has been infringed or threatened shall be entitled to approach a competent
Court to enforce or protect such a right or freedom, and may approach the
Ombudsman to provide them with such legal assistance or advice as they
require, and the Ombudsman shall have the discretion in response thereto to
provide such legal or other assistance as he or she may consider expedient.
In terms of the Legal Aid Act, Act No. 29 of 1990, as amended indigent
persons (both men and women) may be assisted with free legal aid in criminal
and civil matters including divorce matters.
However, the high cost of legal fees and the physical distance to the courts
may compound other barriers for women for access to justice. A person in a
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