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The customary law of the Owambo, Kavango and Caprivi Communities of Namibia

The customary law of the Owambo, Kavango and Caprivi Communities of Namibia

The customary laws of the Owambo, Kavango and Caprivi communities of Namibia were neglected during the past.
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978-99916-40-96-9
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Title: The customary law of the Owambo, Kavango and Caprivi Communities of Namibia
Editor: Manfred O. Hinz
Series: Customary Law Ascertained, Volume I
Namibia Scientific Scociety
Windhoek, Namibia 2010
ISBN 9789991640969 / ISBN 978-99916-40-96-9
Softcover 17 x 24 cm, 566 pages

About: The customary law of the Owambo, Kavango and Caprivi Communities of Namibia

Although held in high esteem in Owambo, Kavango and Caprivi communities, in the past customary law was seen to be second-class law, if law at all. The Constitution of the Republic of Namibia has changed this. Article 66 of the Constitution confirms the validity of customary law and places it at the same level of recognition as the colonially introduced Roman-Dutch common law. Anthropological research informs us that customary law changes as the cultures in which customary law is founded develop. Legal scholars have learned to accept this, as well as that at least certain parts of customary law should be ascertained in order to ease access to such law for those who are not members of the respective traditional communities or lack knowledge of it for any other reason. The documentation of customary law in this publication will contribute to the strengthening of the principle of the rule of law in Namibia, assist the courts in their application of customary law, and contribute towards the efforts by the communities themselves to continue in their commitment to serve as custodians of customary law.