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Item Information needs of women in small businesses in Botswana(University of Namibia, 2000) Mnubi-Mchombu, ChikuThis small, exploratory study investigates information needs of women in small businesses in Botswana in order to establish how these needs arise, and factors which influence information seeking habits. The methodology employed was structured interviews. Stratified sampling was used to target women in the small business sector. Institutions, which serve the small business sector, were also consulted. The identified information needs were business management, sources of financial assistance, business diversification and legal information. The study also found that women obtain most of their business information through informal channels and that women lack awareness of formal information resources. The study makes recommendations on how to design an appropriate information service for women in small businesses.Item A study of extradition law of Namibia in the context of the constitution(2004) Mbundu, George NdaileItem A study of extradition law of Namibia in the context of the constitution(University of Namibia, 2004) Mbundu, George NdaileThis study is mainly based on literature review of domestic extradition legislation and the Namibian constitution, extradition legislation from selected foreign jurisdictions, works of learned international writers on the subject as well as the analysis of judicial decisions on selected local and foreign reported cases. The study includes a brief comparative analysis of extradition legislation of the Republic of South Africa, the United Kingdom and that of Canada.Item The reforming of the electricity supply industry: Competition and regulation: An analysis of ESI reforms in Namibia(University of Namibia, 2005) Jacobs, Foibe L.This study enquires into the choices to be made when selecting and implementing a reform model for the electricity industry. It argues that the appropriate reform model depends on the circumstances in the considered jurisdiction. Especially in small and less developed electricity systems a dilemma may emerge: the technical circumstances suggest the implementation of a model with few competitive elements, whereas political circumstances urge for a competition-oriented model. Hence, especially in small systems, a delicate trade-off emerges that significantly complicates the decisions to be made. This is obviously relevant for Namibia. There are no standard answers to complicated questions of reforming markets. The implications of these reforms and implementation strategies for transparency in the regulatory systems, and improving accessibility of electricity, are yet to be seen. The study has identified the drivers of reform which are different from developed to developing states. It has also proven that successful reforms require an understanding of the source of monopoly power in the industry, as well as the size and characteristics of the market. It requires a transparent and clear regulatory framework capable of separating each role of the stakeholders clearly, separating competitive elements from natural monopoly elements. Significantly, the study has analysed the relevant laws and regulations. The relevant provisions of the Namibian Constitutions in particular, have been discussed under appropriate headings. Special emphasis has been placed on the Electricity Act of 2000, the Competition Act of 2003 and the White Paper on Energy of 1998. The powers, duties and functions of the Electricity Control Board and other regulators particularly in SADC have been critically analysed. An enquiry has also been made into the purposed Gas Regulatory Authority as well as the Water Regulator. The Study has suggested clear recommendations on the legislation which require amendment.Item General deterrence as a satisfactory justification for punishment(2005) Noa, PaulusIt is a universal phenomenon that peace, law and order only exist where justice prevails. Justice is an ingredient of the rule of law. In Namibia crime has become a topical issue. The nation focuses its attention and its fears on the threat of crime. Rights which are guaranteed by the law particularly in the Constitution of the Republic of Namibia such as a right to liberty; to own property and right to dignity are violated by offenders with impunity. For many, the criminal justice system has become soft on crime. It seems deterrent punishments are no longer imposed by the courts. Courts have apparently lost sight of the fact that the law does not only protect the rights of accused and convicted persons, but also those victims of crime. Restorative justice has not found emphasis in the punishment meted out by the courts. The legislature has done little in enacting legislations for the more effective combating of crimes in the country. When hearing the views canvanced by the public, not even the re-introduction of capital punishment is sparred from the list of proposed solutions to the crime. It is however not possible to re-introduce capital punishment given our current Constitution which outrightly outlaws capital punishment in Article 6. Also canvanced by the public is the re-introduction of corporal punishment which has also been declared unconstitutional by the Supreme Court. The acclaimed African leader, the late and former Tanzanian President Julius Nyerere in his book – Freedom and Socialism 1968 pp 110 – 112 says: “Justice demands many things. It demands that the innocent be assured of personal security and also that the guilty should be punished. It demands impartiality between citizens – that the law should be the same for all. And it demands an understanding by the judiciary of the people and by the people of the judiciary, for without this mutual understanding the people’s basic sense of justice in their relations with each other may be outraged by the very instrument which they have created to implement justice” Motives for punishment have been changing from century to century. During our current century, punishment should be influenced by not only the protection of the fundamental rights of those who have wronged against the law but also those whose rights have been violated by the offenders. Certainly the law-abiding citizens country-wide demand drastic and effective action by the State and Judiciary to protect the rights of law-abiding citizens, the victims of crimes and potential victims. This is what the Constitution which is the supreme law provides. Strong measures are necessary to protect the Namibian society. It is recommended in this thesis that the current Criminal Procedure Act be overhauled if not repealed so that a new Namibian Criminal Procedure Act which will underline the need for the courts to serve justice is enacted. The new Act should make provision for life imprisonment with the possibility of remission, parole or probation as well as life imprisonment without the possibility of remission, parole or probation depending upon the gravity of the crime committed. Mandatory minimum sentences should be provided for, for serious crimes such as murder, kidnapping, child stealing and robbery with aggravating circumstances. For those found guilty of fraud or misappropriation of public funds, the Act must make room for the Court to order compensation which shall have the effect of civil judgment. It is also recommended for the reintroduction of whipping on male offenders under the age of 21 years, provided the whipping is inflicted in a moderate manner and proper safeguards are put in place. Legislation should therefore be enacted that makes provisions that victims or their families be accorded the right to bring to court’s attention the harm they have suffered as a result of crimes of violence against the person. The court should be empowered by the law in serous crimes to mero motu ask for victim’s impact statement if the court so desires. It is recommended that the judicial officers should play more active role in their efforts to do justice. Our criminal system should become more inquisitorial rather than adversarial in approach if the criminal system has to live by the letter and spirit of the Namibian Constitution. By the time this research was concluded a new Criminal Procedure Act has been enacted though it has not yet come into operation. It provides for quite a number of issues recommended in this research. Though the new Act is not all encompassing, it has addressed substantial shortcomings in the present Criminal Procedure Act.Item The reforming of the electricity supply industry(2005) Jacobs, Foibe L.Item Harmonization of competition policy in Southern Africa(2005) Geingos, Loine H.;Item The reforming of the electricity supply industry: Competition and regulations: An analysis of ESI reforms in Namibia(University of Namibia, 2005) Jocobs, Foibe LouiseThis study enquires into the choices to be made when selecting and implementing a reform model for the electricity industry. It argues that the appropriate reform model depends on the circumstances in the considered jurisdiction. Especially in small and less developed electricity systems a dilemma may emerge: the technical circumstances suggest the implementation of a model with few competitive elements, whereas political circumstances urge for a competition-oriented model. Hence, especially in small systems, a delicate tradeoff emerges that significantly complicates the decisions to be made. This is obviously relevant for Namibia. There are no standard answers to complicated questions of reforming markets. The implications of these reforms and implementation strategies for transparency in the regulatory systems, and improving accessibility of electricity, are yet to be seen. The study has identified the drivers of reform which are different from developed to developing states. It has also proven that successful reforms require an understanding of the source of monopoly power in the industry, as well as the size and characteristics of the market. It requires a transparent and clear regulatory framework capable of separating each role of the stakeholders clearly, separating competitive elements from natural monopoly elements. Significantly, the study has analysed the relevant laws and regulations. The relevant provisions of the Namibian Constitutions in particular, have been discussed under appropriate headings. Special emphasis has been placed on the Electricity Act of 2000, the Competition Act of 2003 and the White Paper on Energy of 1998. The powers, duties and functions of the Electricity Control Board and other regulators particularly in SADC have been critically analysed. An enquiry has also been made into the purposed Gas Regulatory Authority as well as the Water Regulator. The Study has suggested clear recommendations on the legislation which require amendment.Item An evaluation of the conformance of Namibia's quality standards to the law and practice of international quality standards(University of Namibia, 2005) Hengari, ZelnaThis dissertation provides an outline of the state of the art of international standardization and the attendant process of conformity assessment. Where possible reference is made to Namibian developments in order to either reinforce or contrast the issue being discussed. Given the ongoing usage by Namibia of the South African standards and conformity assessment architecture significant reference is also made to South African developments and practices. Likewise reference is also made to SADC because of the ongoing cooperation amongst the member countries, including Namibia, in the standards and conformity assessment areas as part of the regional integration process. The dissertation explores the relevant WTO Agreements which specifically deal with standards viz. the TBT and SPS Agreements and demonstrate the essential link between standards regimes and international trade. Well designed standards are essential in facilitating international trade. However, standards can also become, by design or inadvertently, barriers to trade. The WTO agreements provide a framework to avoid the latter from happening and to deal with such an eventuality. Likewise, conformity assessment while not a barrier per ser can raise the cost of international commercial transactions significantly, especially on the part of the exporter and thus can have the same impact as a tariff if not dealt with. Governments are enjoined by the WTO Agreements to pursue such policy actions such that standards and conformity assessments do not constitute unwarranted obstacles to international trade. They are also expected to assist developing countries to participate fully in the standardization and conformity assessment processes in order to avoid their marginalization in international trade. Namibia has a very good policy, legal and institutional framework governing its standardization process. However, its implementation has been very slow, thus affecting its relative standing within the regional and international standardization process. However, Namibia’s linkage to the South African standardization infrastructure has ensured that, in spite of its national infrastructure being at an early developmental stage, it is fully integrated in the international standards architecture. The development within SADC, of which it is a member, will further strengthen that linkage and integration in the global standards architecture. This dissertation is an exploration of the state of standardization in the international, regional and national arena. These are the subject matter of chapters 2, 3 and 4. Chapter 2 deals with WTO Agreements, TBT and SPS, and the process of standard setting. Chapter 3 outlines the different levels at which standards are set and the different role players involved. Chapter 4 deals with the verification of standards through conformity assessment In order to illustrate the relative position of Namibia in the international standardization framework, reference will be made to Namibian developments within the body of those chapters. The dissertation concludes with chapter 5 which besides pulling together the discussion in the preceding chapters contain a summary of the salient features of Namibia’s relative standardization position and a conclusion on the extent of Namibia’s conformance and recommendations for action.Item The importance of public procurement law to socio-economic development with special reference to Namibia(University of Namibia, 2005) Maamberua, UsutuaijeThis study discusses the importance and relevance of public procurement law to socio-economic development, more specifically in the Namibian context. The discussion therefore contextualizes public procurement law within rational socio-economic considerations, as opposed to the assumption that public procurement is merely a mechanical process. Chapter one deals with the preliminary issues including subject of research, expectation from the research, the problem to be researched, the research question, relevance of the study, hypothesis, data sources and methodology and summary of conclusions. Chapter two introduces the paper, defines public procurement and contextualizes public procurement within the ambit of conceptual issues including normative and positive reasons for government intervention in the procurement market. It highlights and reflects on relevant economic theory relevant to public procurement. In general, the chapter reviews literature on the subject matter. Chapter three provides the background of the economic trends, investment regime and the history of the Tender Board of Namibia. Chapter four discusses the position of Government Procurement Agreement (GPA) within the context of international law. It is posited that Government procurement or as it is alternatively known, “public procurement”, is a very interesting subject matter for the reason that it attracts both national and international attention. Yet it has been on the periphery of international trade law until only in 1 January 1981 when the GATT Government Procurement Agreement (GPA) came into force. Still to date accession to the GPA remains voluntary, because the GPA is one of the WTO “plurilateral” agreements. Hence the interests of developing countries and a model law on procurement are highlighted. For purpose of comparative analysis some elements of the Government Procurement Agreement and of multilateral financial institutions (African Development Bank) procurement systems are discussed in chapter five. In this case, the African Development Bank is used as a point of reference. The reason for choosing the procurement system of the African Development Bank is to juxtapose its experience with developing countries (specifically with that of Namibia in order to avoid over-generalization) because this is one institution that deals with many poor developing countries. How the Namibian procurement system conforms with international standards and proposed changes to the system are discussed in the same chapter. The concluding chapter focuses on the various reasons why government intervenes in the market through public procurement, major reasons among others being market failures; socio-economic imperatives such as social justice; economic empowerment; and industrialization drives. These constitute important criteria used by government to target tenders in order to meet some specific development objectives. It is submitted that the Namibian procurement system complies to some extent with the accepted international standards. However, further areas for improvement include developing arbitration mechanisms, dispute settlement procedures, procurement through electronic system and broadening accessibility of public procurement to the broader populace in the country.Item The multiliteral trade system and the African regional integration systems: The use of soft law and hard law strategies in the SADC, SACU and COMESA(University of Namibia, 2006) Murangi, NokokureThe paper seeks to explore the relationship between the Multilateral Trade System (MTS) and the African Regional Integration System(s)(RIS). This is done through the analysis of norm formation on trade in Regional Integration Systems (RIS). In this analysis, the manner in which the African Regional Integration Systems use the soft and hard law strategies to reproduce themselves institutionally on trade issues is carefully explored . This is done by looking at specific case studies of COMES A, SADC and SACU. This approach will help to reveal the degree of policy awareness and consistency, or lack thereof in the processes that leads to institutional decision-making and outcomes in these Regional Integration Systems. It is the contention of this paper that the African RIS have not sufficiently and efficiently used their own internal institutional processes to allow for a coherent interaction between them and the MTS. In carrying the analysis forward the ' landscape' of tensions and contradictory interactions between the MTS and the RIS is explored. The nexus between the Africa Continental Integration programmes and the RIS programmes is carefully evaluated.Item The multiliteral trade system and the African regional integration systems: The use of soft law and hard law strategies in the SADC, SACU and COMESA(2006) Murangi, NokokureAbstract provided by authorItem Alternative to state dominated criminal prosecution in Namibia(2007) Uanivi, UaatjoCriminal proceedings, in general, are proceedings which in substance are of a criminal nature, and not of a civil nature and include, inter alia, applications for a stay of prosecution and release from detention, etc. The constitution of the Republic of Namibia protects the rights of all persons including the rights of victims of crime which are also recognised in the United Nations Declaration of Basic Principle of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly in Resolution 40/34 of 29 November 1985. This protection covers rights impaired by the State and/ or individual persons, acts or omissions that are in violation of criminal laws and/or any other law operative and enforceable in Namibia. These rights have to be respected and protected by all organs of government involved in the judicial process, from the moment of the commission of the crime or offence up to and including the completion of the judicial process and/or quasi-judicial process related thereto. Hence, the need to have checks and balance mechanisms with respect to state power and functions in the prosecution process. We have very often witnessed white-collar crimes not being prosecuted in Namibia.Item Item Item An analysis of Uukwaluudhi communal conservancy(2010) Anyola, Prisca; ;Item Trade policy implications of economic partnership agreements (EPAS) between the European Union (EU) and Namibia(2010) Hassane, Dessande B.Item Legal impact of Biofuel (jatropha Curcas) production on communal land in North-East Namibia(2010) Namwoonde, Emilia-Ndateelela;Abstract povided by authorItem A critical examination of Namibia's international legal obligations in terms of the United Nations convention against corruption in comparison with the French legal system(2010) Skeffers, IsabellaAbstract provided by author
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