merely because it is applicable may, in some cases, amount to a veiled dereliction of duty and this, in my view, is one such a case. I mention in passing, that the doctrine of avoidance has come under scrutiny. In the Namibian case of MONICA GEINGOS (born KALONDO) v ABEN LINOOVENE (BISHOP) HISHOONO, (HC-MD-CIV-ACT-OTH-2021/00538 [2021] NAHCMD 48 (11TH FEBRUARY 2022) Sibeya J. posits that the doctrine of avoidance has the undesired effect of giving precedence to the Common Law and Statutory Law when the opposite should be the case. At paragraph 44 of his judgment His Lordship states the following: “The constitution is therefore the point of departure in a quest to protect the fundamental rights and freedoms. The supreme law, in my view, serves as the foundation on which all laws are based. It further serves as the yardstick where the validity of common law or statutory law is measured,” and continues at paragraph 45 in the following manner: “The constitution, in my view, is the starting point to enforce the guarantee provided therein…”. 12

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