Abstract provided by author
The Namibia law-makers promulgated the Criminal Procedure Act 25 of 2004 to repeal the former Criminal Act 51 of 1977 and amendments thereof. Section 114 contained in the newly proposed Criminal Procedure Act requires a person arrested and charged to disclose his or her defense to the prosecution or the court. The person charged should make disclose his or her defense in a detailed manner as prescribed by the section. In addition the accused person has to make known to the prosecution the issues that he or she will be taking up with the prosecution
On the other hand, the Namibian Constitution Chapter 3, fundamental rights and Freedoms enshrined rights that should be upheld by all three branches of government. Article 12 of the Constitution guarantee the right to be presumed innocent, the right to not be compelled and to self-incrimination and the right to legal representation. The author examines the possible if not infringements of the Constitution provisions and the constitutional legality of section 114 of the newly proposed Criminal Procedure Act.
