Supreme Court Judge nominee Esi Schimming-Chase said she considers herself a combination of a judicial activist and a legal positivist, while taking heed of the norms and cultures of Namibian society.

Judge Schimming-Chase today underwent a public assessment by the Judicial Service Commission after her nomination to serve as a judge of the Supreme Court.

Schimming-Chase, appointed as a High Court Judge in 2021, has also been serving as an acting Supreme Court Judge since 2023. She was nominated by three organisations in an unprecedented move, according to Chief Justice Peter Shivute. 

The assessment was rigorous, with Deputy Judge President Petrus Damaseb setting the ball rolling with a question on under what circumstances parliament may reverse a Supreme Court decision. 

She replied, saying the Supreme Court's decision is final and binding and that the legislature may make laws, provided such laws are in compliance with the Namibian Constitution. But a follow-up question by Commissioner Elias Shikongo on parliamentary sovereignty, where the legislature carries out a lawful enactment aimed at undoing a Supreme Court decision, had her pondering for a few moments.

When asked what her philosophy would be, Shimming Chase replied that she made an oath to uphold the Namibian Constitution, stating that justice is an ideal, and the law is a tool to reach that ideal.

The five-member Judicial Service Commission, chaired by the Chief Justice, was one member short today, with Attorney General Festus Mbandeka unable to attend due to personal reasons.

 A second candidate, High Court Judge Orben Sibeya, is also in the running for a Supreme Court position. However, he was not available for today's interview. The Commission confirmed that Judge Sibeya will be interviewed at a later stage as part of the same selection process.