Judicial case management and the adversarial mindset - the new Namibian rules of court
CITATION: Erasmus, H.J. 2015. Judicial case management and the adversarial mindset - the new Namibian rules of court. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2015(2):259-267.
The original publication is available at https://journals.co.za/content/journal/ju_tsar
On 16 April 2014 a new set of civil procedure rules came into operation in Namibia. The "overriding objective" of the rules is "to facilitate the resolution of the real issues in a dispute justly and speedily, efficiently and cost effectively by - (a) ensuring that the parties are on an equal footing; (b) saving costs by among others, limiting interlocutory proceedings to what is strictly necessary in order to achieve a fair and timely disposal of a cause or matter; (c) dealing with a case in ways which are proportionate to (i) the amount or value of the monetary claim involved; (ii) the importance of the cause; (iii) the complexity of the issues and the financial position of the parties; (d) ensuring that causes are dealt with expeditiously and fairly; (e) recognising that judicial time and resources are limited and therefore allotting to each cause an appropriate share of the court's resources, while at the same time taking into account the need to allot resources to other causes; and (f) considering the public interest in limiting issues in dispute and in the early settlement of disputes by agreement between the parties in dispute."