ABSTRACT
Namibia has acceded to various international and regional instruments that guarantee rights to
personal liberty and the presumption of innocence which values have been incorporated in the
Constitution. However, there is a discontent as to how this right to liberty and presumption of
innocence are curtailed in the denial of bail based on public interest and administration of
justice which terms are not defined in any act of parliament or the Namibian Constitution.
The denial of personal liberty is one of the biggest sanctions that government can impose on
an individual. However, the right to liberty should not be interpreted in isolation but in the
context of general interest of the public. This research concludes by finding that the denial of
bail based on the public interest and administration of justice is well founded but the only
shortcoming is the lack of certainty as to what constitutes public interest or administration of
justice. The research recommends that in order to provide legal certainty, the Namibian
Constitution should incorporate the right to bail just like in other jurisdictions and list grounds
upon which a person can be denied bail, as this will inform the accused as to which grounds
he or she can rely upon in challenging such a judicial decision.
KONGA, B (2021). Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991. Afribary. Retrieved from https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991
KONGA, BORNFACE "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991" Afribary. Afribary, 27 Apr. 2021, https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991. Accessed 19 Apr. 2024.
KONGA, BORNFACE . "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991". Afribary, Afribary, 27 Apr. 2021. Web. 19 Apr. 2024. < https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991 >.
KONGA, BORNFACE . "Bail Refusal On The Basis Of Public Interest And Administration Of Justice In Namibia: A Critical Appraisal Of Section 61 Of The Criminal Procedure Amendment Act 5 Of 1991" Afribary (2021). Accessed April 19, 2024. https://afribary.com/works/bail-refusal-on-the-basis-of-public-interest-and-administration-of-justice-in-namibia-a-critical-appraisal-of-section-61-of-the-criminal-procedure-amendment-act-5-of-1991