![]() ![]() Mass atrocities include widespread or systematic acts of discrimination, torture, crimes against humanity and genocide.įor example, in terms of Articles 1 and 2 of the First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), individuals or groups claiming to be victims of violations of the human rights enumerated under ICCPR have the right to approach the UN Human Rights Committee to seek justice. In particular, actio popularis or class actions are sine qua non to accord legal standing for human rights practitioners and groups or communities seeking justice in case of mass atrocities before inter alia African Court of Human and Peoples Rights, Inter-American Court of Human Rights and European Court of Human Rights or the various supervisory bodies under United Nations human rights system. ![]() ![]() The prohibition of actio popularis or class actions, in any event, also flies in face of Articles 8, 10 and 12(1)(a) of NC on the right to dignity and equality before the law and non-discrimination as well as fair trial and equal access to the halls of justice, respectively. Moreover, I advance that Article 25(2) of NC is entirely consistent and identical with Section 38 of the South African Constitution, which affords individuals or groups legal standing to bring inter alia class actions in the courts of that country! Those constitutional provisions are essential with specific reference to legal standing and the right of natural and legal persons to access the halls of justice to promote and uphold the basic human rights and freedoms as enshrined under Chapter 3 of NC and various international treaties to which Namibia is party.Īrticles 5, 18 and 25(2) of NC accord any persons, natural or legal, in Namibia - claiming that a right or freedom conferred by Chapter 3 of NC had been infringed upon or had been threatened - locus standi and the right to approach any Namibian court to seek redress or justice. If indeed, actio popularis is common law, and it is and is not permitted in Namibia, then such prohibition flies straight in the face of inter alia Articles 5, 18 and 25(2) of the Namibian Constitution(NC). Roman-Dutch law features or forms part of Namibia’s common law. Hence, class action or actio populsris is also known as a representation action or representation lawsuit. In simple language, class action or actio popularis is a lawsuit instituted by one person or a group of persons on behalf of members of or in the interest of a larger group, such as a human rights organization, a political party, a tribal or ethnic community, a labour union, a business community, a church body or even a country. The above-mentioned judgments are, in any event, seemingly contradictory to the actio popularis judgments by the very same courts as referred to in paragraphs 19 and 20 below.īy definition, class action or “actio popularis” refers to a legal action in Roman penal law brought by a member of the public in the interest of public order or public interest. According to at least two recent judgments of the Supreme Court and High Court, in the Tsumib (2020) and NamRights (2019) cases, respectively, class actions, or actios popularis as they are also known in Latin, are not permitted under Namibian law.
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