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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KAMATI, E (2021). The Jurisdiction Of Community Courts In Namibia. Afribary. Retrieved from https://afribary.com/works/the-jurisdiction-of-community-courts-in-namibia
KAMATI, ELIFAS "The Jurisdiction Of Community Courts In Namibia" Afribary. Afribary, 28 Apr. 2021, https://afribary.com/works/the-jurisdiction-of-community-courts-in-namibia. Accessed 23 Nov. 2024.
KAMATI, ELIFAS . "The Jurisdiction Of Community Courts In Namibia". Afribary, Afribary, 28 Apr. 2021. Web. 23 Nov. 2024. < https://afribary.com/works/the-jurisdiction-of-community-courts-in-namibia >.
KAMATI, ELIFAS . "The Jurisdiction Of Community Courts In Namibia" Afribary (2021). Accessed November 23, 2024. https://afribary.com/works/the-jurisdiction-of-community-courts-in-namibia