The Jurisdiction Of Community Courts In Namibia

Abstract

This study examines the jurisdiction of community courts particularly with regard

to membership of a traditional authority in respect of which a community court

has been established, and the geographical area within which a community court

has been established. The core of this study is the in depth analysis of the

Traditional Authorities Act, 25 of 2000 and the Community Courts Act, 10 of

2003. The author contends that a community court would have jurisdiction to try

members of a traditional community in respect of which a community court has

been established wherever those members found themselves. It is thus the

author’s contention that the jurisdiction of a community court is community bound

rather than entirely restricted to a geographical area in which that particular

community court has been established.

The study also makes comparative analyses between Community Courts in

Namibia and Community Courts in Botswana and South Africa. In Namibia,

unlike in Botswana and South Africa, there is no common law distinction between

civil and criminal law jurisdiction with regard to community courts. The legislation,

the Community Courts Act, 10 of 2003, states in general terms that community

courts shall have jurisdiction to hear and determine any matter relating to

compensation.

Finally the author addresses the question whether a party can opt out of the

jurisdiction of a community court. It is the author’s views that opting out of the

jurisdiction of community courts would weaken the authority of community courts,

and defeat the whole essence of community courts.

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