8. ARTICLE 6: RESPECT FOR CIVIL LIBERTY The Government still continues to observe and adhere to the implementation of the legal instrument. Our courts have held that detained person’s rights as set out in Article 11(1) and (2) as well as Article 7 of the Namibian Constitution will be infringed if and such custody or their detention is unlawful, For example, if an accused is held in custody for more than 48 hours before being brought before a court. In the case of Iyambo v Minister of Safety and Security (I 3121/2010) [2013], the Plaintiff’s action was based on unlawful arrest and detention by defendant, the Ministry of Safety and Security. The Plaintiff was brought before a magistrate court four days after arrest and was detained in violation of Article 11(3) of the Namibian Constitution. In the assessment of damages the court took into account the circumstances surrounding arrest of the plaintiff and treatment of the plaintiff by arresting police officials, and the period of unlawful detention being four days, plaintiff’s loss of freedom of movement and loss of esteem among members of the local community where plaintiff worked as a primary school teacher. The Court then awarded damages of N$12 000, 00 (approx. US$ 1 200, 00). 9. ARTICLE 7: THE RIGHT TO FAIR TRIAL AND ADMINISTRATIVE OF JUSTICE The courts have given effect to the right to a fair trial over the years and have also given a broader interpretation on the right to fair trial including the right of an accused person to be provided with the contents of the police docket. This right relates to Article 12(1)(e) of the Constitution. In State v Scholtz 1998 NR 207 (SC), the court considered the important of the principle of equality before the law in Article 10(1) of the Constitution and concluded that state disclosure is a principle of a fair trial. In that case the court held that the right to a fair trial embodied in article 12 (1) (e) of the Namibian Constitution includes disclosure of police dockets and statements of witnesses to the accused person. In S v Kau and Others,6 the defendants were convicted in a magistrate's court of illegally hunting a giraffe. The magistrate did not tell Mr Kau and the 6 S v Kau 1995 NR 1 (SC) - 28 -