Customary Law Ascertained (Vol 2): The Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia

Customary Law Ascertained (Vol 2)
Subtitle: The Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia
Editor: Manfred O. Hinz
Series: Customary Law Ascertained
Publisher: University of Namibia Press
Windhoek, Namibia 2014
ISBN 9789991642116 / ISBN 978-99916-42-11-6
Softcover 17 x 24 cm, 526 pages

Description: Customary Law Ascertained (Vol 2): The Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia

The Namibian legal system is premised on the principle of legality. One of the essential elements of the principle of legality is that the law must be specific and clear. This presupposes that the law has to be drafted clearly and in such a way that a person may ascertain the legality of a particular course of conduct. Implicit therein is also the requirement that the law should be accessible and foreseeable. These requirements, needless to say, equally apply to customary law - given the pluralistic nature of our legal system. The Customary Law Ascertainment Project, as mentioned elsewhere, is not aimed at codifying customary law in Namibia.

That task is the preserve and prerogative of the Executive. The global objective of this Project seeks to assist in giving meaning and effect to the principle of specificity as it relates to the customary laws applicable in Namibia. The principle of legality in all its facets is inextricably linked to human rights. The major international and regional human rights instruments all expressly and implicitly guarantee and protect this principle. For instance, the International Covenant on Civil and Political Rights, African Charter on Human and Peoples' Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms all guarantee and protect this important legal principle.

It is against this backdrop that the Human Rights and Documentation Centre of the Law Faculty of the University of Namibia (UNAM) takes particular pride and joy in being associated with this epoch-making Project. With this work, Customary Law Ascertained Volume 2: The Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia, we are not only seeking to contribute towards ascertaining and making customary law accessible to its users, but also to ensure that traditional and informal justice systems in our country evolve towards serving justice in full respect of international human rights standards.

Content: Customary Law Ascertained (Vol 2): The Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia

The Editors
Preface, John Boniface Nakuta
Foreword, Advocate Bience Gawanas
PART I: INTRODUCTORY REMARKS
Introduction to Volume 1 - The ascertainment of customary law: What is ascertainment of customary law and what is it for? Manfred O. Hinz
Introduction to Volume 2: The laws of the Bakgalagari, Batswana ba Namibia and Damara communities. Manfred O. Hinz
Editors' general note
PART II: THE LAWS OF THE BAKGALAGARI AND BATSWANA BA NAMIBIA COMMUNITIES
The Bakgalagari Traditional Authority
Molao wa setso wa Bakgalagari
The laws of the Bakgalagari
The Batswana Traditional Authority
Dikamogelo
Molao-motheo wa Batswana ba Namibia
The laws of the Batswana ba Namibia
PART III: THE LAWS OF THE DAMARA COMMUNITIES
The Daure Daman Traditional Authority
The laws of the Daure Daman
The Tsoaxudaman Traditional Authority
Tsoaxudaman di Hanugu
The laws of the Tsoaxudaman
The IGaiodaman Traditional Authority
The laws of the IGaiodaman
The IGobanin Traditional Authority
IGobanin di Hanugu
The laws of the IGobanin
The IKhomanin Traditional Authority
IKhomanin di Hanugu
The laws of the IKhomanin
The !OeGan Traditional Authority
!OeGan di Hanugu
The laws of the !Oe Gan
The Aodaman Traditional Authority
Introductory note
The laws of the Aodaman
ANNEXURES
Annexure 1: Statutes
Annexure 1 A: Excerpts 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 Owambo communities
The Kavango communities
The Caprivi communities
The Bakgalagari community
The Batswana ba Namibia community
The Damara communities
Annexure 3: Addresses of the Bagkalagari, Batswana and Damara Traditional Authorities