Divorce agreement in question after lower court summons

As in many other parts of Africa, Namibia’s community courts play an important role in resolving local and family disputes. But the relationship between these bodies and Namibia’s formal legal structures can sometimes be complex and difficult. Carmel Rickard, in her A Matter of Justice column on the Legalbrief site, writes about a case due to be heard in the High Court soon that illustrates some of the pitfalls, particularly on the subject of jurisdiction. The story is that of a couple – both the husband and the wife are accountants – who agreed on the terms of a divorce settlement and obtained a final decree in the High Court, only for the former husband to be summonsed to appear before the community court many months later for ‘compensation’ related to the divorce. Will the High Court set aside the community court’s summons? Time will tell, but among other things, that decision will be an important indicator of the actual meaning of a ‘full and final’ divorce settlement agreement reached and signed off in the High Court.

A Matter of Justice

Judgment