ABSTRACT:
For generations, Customary/Community Courts have played a vital role in the resolution
and settlement of disputes among community members. Traditional leaders have been
instrumental both as law-makers and as enforcing judges of the customary law observed
by the majority of the population of the area under their jurisdiction. Usually chiefs and
specific headmen are empowered to hear and determine law and custom brought before
them by the residents within their respective areas of juri diction. Customary Courts at
present also do have jurisdiction to try criminal offences from contravention of the
common law or of customary law and custom. In most cases such offences are limited to
theft, common assault, neglect of children, offences arising from inheritance, customary
Unions and delicts like adultery, seduction and failing to pay lobola (dowry) among
others.
owadays, offenders may not be sentenced to impri onment or subjected to corporal
punishment as it has become unlawful, but to fines payable as compensation traditionally
calculated in cattle or an equivalent of ten small stock to one cattle. An equivalent in
monetary terms may also be accepted.
After the enactment of the independence constitution where all Bantustan laws were
repealed, there eem to have been no proper direction nor enabling legislation to guide
traditional authorities in their administration of Justice. Thus the necessity of an enabling
legislation (Community Courts Bill) to address the situation.
LIBUTO, M (2021). Community Courts In Namibia: A Policy Challenge. Afribary. Retrieved from https://afribary.com/works/community-courts-in-namibia-a-policy-challenge
LIBUTO, MENIAS "Community Courts In Namibia: A Policy Challenge" Afribary. Afribary, 27 Apr. 2021, https://afribary.com/works/community-courts-in-namibia-a-policy-challenge. Accessed 25 Dec. 2024.
LIBUTO, MENIAS . "Community Courts In Namibia: A Policy Challenge". Afribary, Afribary, 27 Apr. 2021. Web. 25 Dec. 2024. < https://afribary.com/works/community-courts-in-namibia-a-policy-challenge >.
LIBUTO, MENIAS . "Community Courts In Namibia: A Policy Challenge" Afribary (2021). Accessed December 25, 2024. https://afribary.com/works/community-courts-in-namibia-a-policy-challenge