Sostenus Wilherm
Namibia’s legal fraternity has remembered former Chief Justice Emeritus Johan Strydom as one of the key architects of the country’s post-independence judiciary, with his landmark judgments helping establish principles of dignity, equality, access to justice and administrative fairness.
Strydom, who died on 25 September 2026 in Swakopmund at the age of 88, was honoured on Wednesday during a valedictory court session at the Supreme Court in Windhoek, where Chief Justice Peter Shivute, the Attorney-General Festus Mbandeka and members of the Law Society of Namibia reflected on a judicial career spanning almost four decades.
Shivute said Strydom’s contribution went beyond serving as Namibia’s third Chief Justice, describing him as a central figure in transforming the judiciary during the country’s transition to independence.
“With his passing, Namibia has lost not merely a former Chief Justice, but one of the true architects of our judiciary as we know it today,” Shivute said.
Strydom was born in Otjiwarongo on 17 June 1938 and matriculated at Otjiwarongo High School in 1955. He studied at Stellenbosch University between 1959 and 1963, obtaining BA and LLB degrees.
He began his legal career as a prosecutor before practising as an advocate at the Windhoek Bar. He was appointed Senior Counsel in September 1982 and joined the Bench on 1 March 1983.
Shivute said Strydom served as a judge during a difficult period in Namibia’s history, when the legal system operated under a framework that was, in many respects, repressive.
Yet, he said, Strydom demonstrated judicial independence through decisions that challenged the limits of state power.
Among them was a judgment setting aside a certificate issued by the State President that sought to prevent the trial of people accused of killing the late Immanuel Shifidi.
“With the dawn of independence, new demands were made of him, and new confidence was placed in him,” Shivute said.
Strydom became Acting Judge-President of the High Court on 23 March 1990, shortly after independence, before his appointment was made permanent in March 1991.
He served as Judge-President until 1999, when he became Namibia’s third Chief Justice, succeeding Chief Justice Ishmail Mohamed. He served as Chief Justice until June 2003 and continued to serve as an acting judge of the Supreme Court until 2015.
The Attorney-General also described Strydom as one of the architects of Namibia’s post-independence judiciary and highlighted several judgments that continue to influence the country’s legal system.
One of the notable cases was Namunjepo and Others v Commanding Officer, Windhoek Prison, in which Strydom dealt with the use of leg chains on incarcerated accused persons.
According to the Attorney-General, Strydom found the restrictions humiliating and inhuman and linked the practice to colonial forms of punishment, while affirming that incarcerated people retain constitutional rights.
His jurisprudence also addressed gender equality.
In Myburgh v Commercial Bank of Namibia in 2000, the Supreme Court reinforced constitutional equality protections in relation to the common-law concept of marital power, which had restricted the independence of women married in community of property.
Another influential decision was Chairperson of the Immigration Selection Board v Frank and Another in 2001, which provided important guidance on administrative action and the obligation of administrative bodies to give reasons for their decisions.
Access to justice was another significant area of Strydom’s judicial work.
In Government of the Republic of Namibia v Mwilima and Others in 2002, the court dealt with the right to legal representation for indigent accused persons. The Attorney-General said the judgment made clear that the State has a duty to ensure that poor litigants receive legal representation where necessary to prevent injustice.
Beyond the courtroom, Strydom also played a role in building key democratic institutions.
He chaired the first Electoral Commission of Namibia and the first Delimitation Commission, while also serving as chairperson of the Judicial Service Commission.
The Law Society of Namibia’s vice-chairperson, Janike McLeod-Janser, said his contribution covered constitutional and administrative law, criminal law and procedure, commercial law, insolvency and admiralty.
“What distinguishes late Chief Justice Strydom beyond the offices he held, is what those years of service represented,” McLeod-Janser said. “Former Chief Justice Strydom was part of the generation that helped build and shape the institutions of justice in an independent Namibia.”
Shivute also remembered Strydom for his conduct on the Bench, particularly his patience towards unrepresented litigants.
“He showed particular patience towards those who came before him unrepresented, taking the time to assist them to ensure that justice prevailed under his watch, regardless of who stood in front of him or how well-resourced they were,” he said.
The Attorney-General similarly described him as calm, humble and a keen listener who remained willing to share his experience with others.
McLeod-Janser said his legacy should now serve as a reminder to the legal profession of the importance of the rule of law, judicial independence, integrity and public service.
For Shivute, Strydom’s most enduring legacy is the judiciary and body of jurisprudence he helped establish during Namibia’s formative years.
“He leaves behind a judiciary that stands independent, and a body of jurisprudence that continues to guide us,” Shivute said.
“He leaves behind institutions he helped steward through their most uncertain years.”
