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Customary Law Ascertained (Vol 3): The Customary Law of the Nama, Ovaherero, Ovambanderu, and San Communities of Namibia

Customary Law Ascertained (Vol 3): The Customary Law of the Nama, Ovaherero, Ovambanderu, and San Communities of Namibia

Customary Law Ascertained Volume 3 presents the customary laws the Nama, Ovaherero, Ovambanderu, and San communities of Namibia.
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Title: Customary Law Ascertained (Vol 3)
Subtitle: The Customary Law of the Nama, Ovaherero, Ovambanderu, and San Communities of Namibia
Editor: Manfred O. Hinz
Series: Customary Law Ascertained
Publisher: University of Namibia Press
Windhoek, Namibia 2016
ISBN 9789991642123 / ISBN 978-99916-42-12-3
Softcover 17 x 24 cm, 588 pages

Description:

Customary Law Ascertained (Vol 3): The Customary Law of the Nama, Ovaherero, Ovambanderu, and San Communities of Namibia is the third volume from the Customary Law Ascertainment Project of the Human Rights and Documentation Centre of the University of Namibia. It completes the self-statement of laws of the recognised traditional authorities who participated in the project, all of which have been signed by the traditional leaders concerned. All three volumes are an invaluable collection of customary law in current practice. They give us an insight into what our traditional authorities have been doing in the years since Independence in making laws, streamlining the law, changing it, and applying it when deciding on cases brought before them.

A good example is that of widows who were deprived of their houses and the land they had worked on during many years of marriage, after the death of their husbands. This practice was much discussed in the country in the early 1990s, and also occupied the attention of Parliament. It was debated in meetings of the traditional authorities concerned and eventually resolved by changes in the customary law of all the Oshiwambo-speaking communities. In this way, the custodians of customary law were able to offer new laws, even before the Namibian Parliament addressed the problem in the Communal Land Reform Act. What this shows is that, as much as traditional authorities need to learn about the work of Parliament, Parliament can also learn from the traditional authorities and customary law.

When enacting laws that have a bearing on matters deemed to be in the realm of traditional authorities, consultations with those authorities could assist Parliament in finding rules that are in line with local perceptions and aspirations. This would enhance the general acceptance of new legislation, and compliance. This collection of ascertained customary law reflects what the various traditional communities perceive to be their law, or rather, the parts of their law that are worthy of noting in written form. This is a resource we have not had before and that is also not found in most African countries where traditional authorities work and administer justice. It is a most commendable achievement.

Content: Customary Law Ascertained (Vol 3): The Customary Law of the Nama, Ovaherero, Ovambanderu, and San Communities of Namibia

The Editors
Preface, Chiku Mnubi-Mchombu
Foreword, Peter H. Katjavivi
PART I: INTRODUCTORY REMARKS
The ascertainment of customary law:
What is ascertainment of customary law, what is it for and what is the work ahead? Manfred O. Hinz
Editors' general note
PART II THE LAWS OF THE NAMA COMMUNITIES
Afrikaner Traditional Authority - IHoalaranllaixallaes !Haos

The laws of the IHoalaranllaixallaes (Afrikaner)
Blouwes Traditional Authority - IIHaboben !Khara!oan !Haos
The laws of the Blouwes
Bondelswartz Traditional Authority - !Garni nun !hao!nasi Gae guis
The laws of the !Garni nun (Bondelswartz)
Kaillkhaun Traditional Authority - Kaillkhaun !Hao!nasi Gae guis
The laws of the Kaillkhaun
Simon Kooper Traditional Authority - !Khara-khoen IIAes
The laws of the !Khara-Khoen IIAes (Simon Kooper)
Soromas Traditional Authority - !Aman !Hao!nasi Gaeguis
Die Gewoontereg van die !Aman IIAes (Soromas)
The laws of the !Aman (Soromas)
Swartbooi Traditional Authority - IIKhau-lgoan !Haos Gae guis
The laws of the IIKhau-lgoan (Swaartbooi)
Topnaar Traditional Authority - Aonin !Haos
The laws of the Aonin (Topnaar)
The Historical Customary Law of the Aonin/Topnaar Community 1893-1995
Vaalgras Traditional Authority - Orlam !Hao!nasi Gae guis
The laws of the Orlam (Vaalgras)
Witbooi Traditional Authority - IKhowese II Ae Gae guis
The laws of the IKhowese Witbooi
PART III THE LAWS OF THE OVAHERERO AND OVAMBANDERU COMMUNITIES
Kakurukouje Traditional Authority - Ondjuwo Youhonapare waKakurukouje

Oveta yombazu Yondjuwo youhona waKakurukouje
The laws of the Kakurukouje
Maharero Traditional Authority - Ondjuwo jouhonapare waMaharero
Oveta yombazu yotjiwana tjaMaharero
The laws of the Maharero
Otjikaoko Traditional Authority - Ouhonapare wOtjikaoko
Oveta Yombazu Yotjiwana tjOtjikaoko
The laws of the Otjikaoko
Vita Royal House - Ondjuwo Youhonapare waVita
Ongundoeveta yo Ndjiwo Youhona waVita
Zeraua Traditional Authority - Ondjuwo jouhonapare waZeraua
The laws of the Zeraua
Ovambanderu Traditional Authority - Ouhonapare wOvambanderu
The laws of the Ovambanderu
PART IV THE LAWS OF THE SAN COMMUNITIES
!Kung Traditional Authority - !Kung !hao Gaoxahn

The laws of the !Kung'
!Xoo Traditional Authority - !Xoo Gixamte
The laws of the !Xoo
Haillom Traditional Authority - Haillom !hao!nabe
Haillom !hao!nasi IIKharab
The laws of the Haillom
Jul'hoan Traditional Authority - Jul'hoan I'Haoh Juasi
Jul'hoan Vetasi
The laws of the Jul'hoan
ANNEXURES
Annexure 1: Statutes
Annexure 1A: Excerpt from the Namibian Constitution
Annexure IB: The Traditional Authorities Act, 2000 (No 25 of 2000)
Annexure 1C: The Community Courts Act, 2003 (No 10 of 2003)
Annexure ID: Regulations to the Community Courts Act, 2003 (No 10 of 2003)
Annexure 2: List of officially recognised Community Courts
The Nama communities
The Ovaherero communities
The Ovambanderu community
The San communities
Annexure 3: Contact details for Nama, Ovaherero, Ovambanderu and San Traditional Authorities


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