Compensation in murder cases
Loading...
Date
2009
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
Abstract provided by author
A practice developed in some communities in Namibia whereby any person who hascaused the death of another person is ordered to pay compensation, irrespective of whether or not that person has been tried and convicted in the state criminal courts
It is because of this practice therefore that there are now divergent views among members of the public that compensation paid in murder cases in terms of Owambo customary law is double punishment
Therefore, the main objective of this study was to examine whether compensation paid in terms of Owambo customary law in cases that are triable by the state criminal courts is a punishment, and whether such payment is in conflict with Article 12 (2) of the Constitution of Namibia which prohibits a person to be tried and punished twice for the same offence
Emphasis was placed on the payment of compensation in murder cases in terms of Owambo customary law
In Namibia, there are two legal systems of law, these are, customary law and general law. As there are two legal systems of law, there are also two different systems of courts, these are customary law courts and the State courts
Both systems know which crimes are affecting the society and which crimes are civil matters or simple conflicts between ordinary people
Thus, immediately if someone commits a crime in Namibia there are automatically two remedies, that is civil remedy and criminal remedy, and that is the reason why, in terms of Owambo customary law, if someone causes the death of a human being, the relatives of the deceased take their claim to their customary law court for compensation and at the same time report the matter to the police for prosecution and punishment
Compensation is paid to answer a civil remedy whereas punishment is there toanswer a criminal remedy
Compensation award in murder case by the Owambo customary law is just a civil remedy like all other remedies in the law of delict, and such payment does not absolve the suspect from punishment
Therefore, it will be concluded that compensation award in murder cases in terms of Owambo customary law is not a double punishment and that it is just a civil remedy like all other remedies in the law of delict
It will also be argued that Owambo customary law courts are civil courts in nature and have no jurisdiction to punish (the suspect and their families) in murder cases or in any case which are taken to their courts for compensation purposes.
A practice developed in some communities in Namibia whereby any person who hascaused the death of another person is ordered to pay compensation, irrespective of whether or not that person has been tried and convicted in the state criminal courts
It is because of this practice therefore that there are now divergent views among members of the public that compensation paid in murder cases in terms of Owambo customary law is double punishment
Therefore, the main objective of this study was to examine whether compensation paid in terms of Owambo customary law in cases that are triable by the state criminal courts is a punishment, and whether such payment is in conflict with Article 12 (2) of the Constitution of Namibia which prohibits a person to be tried and punished twice for the same offence
Emphasis was placed on the payment of compensation in murder cases in terms of Owambo customary law
In Namibia, there are two legal systems of law, these are, customary law and general law. As there are two legal systems of law, there are also two different systems of courts, these are customary law courts and the State courts
Both systems know which crimes are affecting the society and which crimes are civil matters or simple conflicts between ordinary people
Thus, immediately if someone commits a crime in Namibia there are automatically two remedies, that is civil remedy and criminal remedy, and that is the reason why, in terms of Owambo customary law, if someone causes the death of a human being, the relatives of the deceased take their claim to their customary law court for compensation and at the same time report the matter to the police for prosecution and punishment
Compensation is paid to answer a civil remedy whereas punishment is there toanswer a criminal remedy
Compensation award in murder case by the Owambo customary law is just a civil remedy like all other remedies in the law of delict, and such payment does not absolve the suspect from punishment
Therefore, it will be concluded that compensation award in murder cases in terms of Owambo customary law is not a double punishment and that it is just a civil remedy like all other remedies in the law of delict
It will also be argued that Owambo customary law courts are civil courts in nature and have no jurisdiction to punish (the suspect and their families) in murder cases or in any case which are taken to their courts for compensation purposes.
Description
research paper submitted in partial fulfilment of the Master of Law Degree
Keywords
Customary law, Tribal government