Browsing by Author "Libuto, Menias Brian"

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    Community courts in Namibia: A policy challenge
    (University of Namibia, 2002) Libuto, Menias Brian
    For generations, Customary/Community Courts have played a vital role in the resolution and settlement of disputes among community members. Traditional leaders have been instrumental both as law-makers and as enforcing judges of the customary law observed by the majority of the population of the area under their jurisdiction. Usually chiefs and specific headmen are empowered to hear and determine law and custom brought before them by the residents within their respective areas of juri diction. Customary Courts at present also do have jurisdiction to try criminal offences from contravention of the common law or of customary law and custom. In most cases such offences are limited to theft, common assault, neglect of children, offences arising from inheritance, customary Unions and delicts like adultery, seduction and failing to pay lobola (dowry) among others. Nowadays, offenders may not be sentenced to impri onment or subjected to corporal punishment as it has become unlawful, but to fines payable as compensation traditionally calculated in cattle or an equivalent of ten small stock to one cattle. An equivalent in monetary terms may also be accepted. After the enactment of the independence constitution where all Bantustan laws were repealed, there eem to have been no proper direction nor enabling legislation to guide traditional authorities in their administration of Justice. Thus the necessity of an enabling legislation (Community Courts Bill) to address the situation.