1. Ministry of Justice
A LOOK INTO NAMIBIA’S ONE STOP SHOP FOR LEGAL AID SERVICES
M R S PAT I E N C E DA R I N G O, D I R E C T O R : L E G A L A I D, N A M I B I A
N E W D E L H I
11/28/2023 1
2. About Legal Aid Namibia
The Directorate of Legal Aid in Namibia derives its mandate from The
Constitution as well as the Legal Aid Act as amended, and the Regulations made
thereunder. It is a department (Directorate) within the Ministry of Justice and all its
staff members are civil servants, employed by the State.
The Directorate employs 55 legal aid lawyers who are all salaried government
workers. The Director, Deputy and all the lawyers are appointed by the Minister of
Justice in terms of Sec 3 of the Legal Aid Act.
To obtain legal aid in Namibia, an applicant must complete a form which is
prescribed by statute, and only the Director or Deputy can grant or refuse legal aid.
28/11/2023 2
3. Setting up Legal Aid Offices in Namibia
In 2006, the Directorate decentralized its operations and deployed legal aid lawyers in the
regions. The legal aid officers provide comprehensive services to clients in need of legal
assistance.
These offices employ full-time specialized lawyers who are dedicated to serving the legal aid
clients. The aim is to:
•Provide a one-stop service where indigent persons can access legal aíd
•Representation in court, including during bail applications in criminal cases
•and other related support such as applying for legal aid through clerks of the court.
This approach ensures that legal aid is accessible and readily available to those who need it,
ultimately promoting the rule of law and ensuring equal access to justice.
The approach has equally helped to address the imbalance of power that exists in legal matters,
as individuals now have professional legal assistance to navigate through the complexities
of the legal system
28/11/2023 3
4. The How?
This was done in stages, the first group of 14 was trained over a
three-month period by a retired judge and deployed to the regions
where we opened the first offices. Ten of these are still in the office,
others left seeking greener pastures in other sectors
28/11/2023 4
Setting up Legal Aid Offices in Namibia
5. Benefits of Setting up Legal Aid Offices in
Namibia
The establishment of legal aid offices has reduced the burden on the courts by providing
an alternative avenue for individuals to seek legal assistance. This helps to streamline
the judicial process and ensures that cases are resolved efficiently.
28/11/2023 5
Centers provide
free or low-cost
legal services to
those in need,
removing
financial barriers
that often hinder
access to justice
Legal aid centers
in Namibia have
a wide range of
legal
professionals
available,
including lawyers
and interns
Assist individuals
in completing legal
aid application
forms, making the
process more
manageable for
those who may not
have the knowledge
or resources to do
so on their own
Conduct
outreach
programs and
legal education
seminars to
increase
awareness of
people's rights
and legal options
6. Cost effectiveness & efficiency of Model
The cost efficiency and effectiveness of the Namibian legal aid model compared to the
judicare model can vary depending on various factors.
28/11/2023 6
The Namibian legal aid model is primarily funded by the government
Aims to provide legal assistance, advice, and representation in various legal matters.
Costs associated with providing legal aid services are distributed among the taxpayers (dependent
on the overall funding allocated to legal aid services and the demand for such services.
Effective in ensuring access to justice for marginalized individuals and those with limited
financial resources
However, there may be limitations in terms of capacity and resource constraints
within the legal aid system.
7. 1
Case Management System
Going digital
During November 2022, we went live with the new CMS that introduced major changes to our
operations, notably the SMS notifications, email instructions to all lawyers, electronic files, easy and
fast data capture of statistics of the applications received, refused, granted, or where contribution is
sought;
Above all, we are now able to consider applications for legal aid from anywhere in the world, all we
need is the device and connectivity;
28/11/2023
9. Challenges in setting up Legal Aid Centres
28/11/2023 9
Limited
government
budget allocation:
The government
may not allocate
sufficient funds
for legal aid
services, which
can result in a
lack of resources
and limited access
to justice.
Geographical accessibility
Inadequate public
awareness: Many
people in Namibia
are unaware of the
importance and
availability of legal
aid services, leading
to underutilization
and decreased
funding support.
