David Smuts

DAVID SMUTS has been a Judge of the Supreme Court of Namibia since 2015. From 2011 to 2014 he served as Judge of the High Court of Namibia, before which he was in private practice in Windhoek as senior counsel. Since 2011, Justice Smuts has delivered over 200 judgments in matters ranging from constitutional challenges to organised crime legislation to motor vehicle accident fund legislation (on equality grounds), freedom of the press raised in defamation proceedings, sexual harassment in the...See more

DAVID SMUTS has been a Judge of the Supreme Court of Namibia since 2015. From 2011 to 2014 he served as Judge of the High Court of Namibia, before which he was in private practice in Windhoek as senior counsel. Since 2011, Justice Smuts has delivered over 200 judgments in matters ranging from constitutional challenges to organised crime legislation to motor vehicle accident fund legislation (on equality grounds), freedom of the press raised in defamation proceedings, sexual harassment in the workplace, the need for exemplary sentences for perpetrators of domestic violence, the need to reform legislation protecting endangered species and striking down inordinately long prison sentences as unconstitutional, and an action for damages for adultery. In June 1988, Smuts founded the Legal Assistance Centre of Namibia and served as founder director from 1988 to 1992. Before that, he practised as an attorney in Windhoek, starting his articles in 1980 and interrupting his practice to complete an LLM at Harvard Law School in 1983. His practice focused primarily on work related to human rights. Smuts argued for the political status of political prisoners and their release as part of implementation of UN peace plan in 1989, and provided representations to the UN Special Representative during the implementation of the peace plan. He was also a member of the legal team, led by Wim Trengove, SC, that represented family of the late Anton Lubowski at the inquest into his death. In 1990, he received an award as a Human Rights Monitor from Human Rights Watch, New York. He was elected an Orville H. Schell, Jr. Fellow at the Yale Law School in 1990 and a member of the American Academy of Arts and Sciences in April 2019. Prior to his appointment as a judge, he served as (non-executive) chair of the Board of Standard Bank Namibia. He co-founded The Namibian newspaper in 1985. During his practice, he served terms as President of the Society of Advocates of Namibia; from 2000 to 2009, he was a member of the Judicial Service Commission of Namibia upon nomination by the Law Society of Namibia. He lives in Windhoek. See less