Masters Degrees (DPCL)

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Browsing Masters Degrees (DPCL) by Title

Now showing 1 - 12 of 12
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    An analysis of Uukwaluudhi communal conservancy: Alleviating or advancing rural poverty?
    (University of Namibia, 2010) Anyolo, Prisca
    This legal research presents information on the implementation of Namibia Communal Conservancy Programme. It highlights the problems in the relationship between the enacted Nature Conservation Amendment Act of 1996 and the customary law of the Namibia's traditional communities in the rural areas. It assesses the legal impact that Namibia's incentive-based conservation laws have put on communal areas residents' lives and find out what conservancy programme has produced in terms of the Nature Conservation Amendment Act in relation to poverty reduction within the framework of the Poverty Alleviation Strategies for Namibia of 1999. A case study on Uukwaluudhi Conservancy in the Omusati Region was used to provide information on the contributions that wildlife and tourism make to livelihoods of the Uukwaluudhi local people. The interest is to recount what has been done by the conservancy in terms of wildlife and tourism development and also to take stock of what has been accomplished by the conservancy in terms of the provisions of the Nature Conservation Amendment Act In this research, literature reveals that in Namibia, wildlife conservation was designed to operate in free-hold land long before 1968. The white commercial farmers were granted rights by the then regime to join their lands and establish conservancies for private gain. Such rights were re-enforced by the passage of the Nature Conservation Ordinance of 1975. Such rights were however not granted to communal farmers. It wildlife species, because wildlife is needed to meet the core intention of the conservancy which was to increase wildlife for trophy hunting, the sale of game, etc. Therefore, the conservancy was extended to include sections formerly used as grazing areas by the community members for stock farming as well as crop production. As a result, people had to give up their rights to communal farmland to the conservancy, which lead to serious economic losses for those who had to be relocated. The research observed that problems of consequences suffered by rural people after loosing their communal land to conservancy include the violation of customary rights over communal land and wildlife. This situation presents m essence lack of legal mechanisms in the current conservation law (Nature Conservation Amendment Act of 1996) that protect rural communities' customary land rights. There are also elements of violations of fundamental human rights as provided for under Article 16 of the Namibian Constitution which provides for just compensation. These rural communities are_ exposed to socio-economic impact and made to face challenges during the shifting period without being compensated for that and this postulates exploitation sentiments. The conservancy financial report ended December 2008 indicates an increase of income of the conservancy as well as an increase on the wildlife population, but the findings do not reveal any local investment made neither payout of cash to local members. It however shows a lot of in-kind incomes to the local community in a form of meat and water supply to hostel of the nearby school. Nevertheless, the way in which the Uukwaluudhi Conservancy distributes its benefits which it derives from the conservancy resources remains an issue of concern. The study sugge~ts certain law reform that could bridge the gap in lack of statutory rights over communal land occupational rights. The study submits that there is no legal protection available to those affected by the change in the land tenure system, because the amended Act does not provide for any remedy. Finally, the existing conservation statute is found to be inconsistent with the Aakwaluudhi's inherent customary rights over wild animals. And for that reason, the study recommends for alternative legislative framework that addresses the issue of community rights under customary law which brings about fair treatment of rural communities if rural developments is wish to be ensured.
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    A critical assessment of the effectiveness of the legal framework on drug offences in Namibia
    (University of Namibia, 2017) Unengu, Ingrid L.
    The purpose of the study was to critically assess drug offences (created by the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, Act 41 of 1971) in Namibia. What the study set out to do was to determine if the current law dealing with drug offences was effective. The study primarily made use of qualitative, rather than a quantitative, research method. A documentary study was done by way of desktop review of relevant Namibian legislation, relevant academic publications, media reports as well as case law. Research material was also sourced from the Internet. The researcher undertook empirical field research comprised of personal and group interviews conducted with identified stakeholders. The main issue queried was the issue of drug trafficking, that is, whether the drug legislation criminalises drug related offences, such as drug trafficking. It was established that drug trafficking is not criminalised by the Namibian Drugs Legislation. The study further assessed the constitutionality of the presumptions contained in Section 10 of the Namibian Drug Legislation that basically assumes that an accused has committed a certain drug related offence, such as when the accused is found in possession of dagga exceeding 115 grams in mass or any prohibited dependence producing drug the accused is deemed to have dealt in that dagga or drug, unless such an accused proves the contrary. A comparison was drawn between the Namibian and South African legal position with regard to that issue. The case law studied showed that the presumptions that are still part of the Namibian Drug Legislation have already been declared as being unconstitutional in South Africa. It was concluded that indeed the Section 10 presumptions were unconstitutional in Namibia insofar as they were in conflict with the constitutional right to be presumed innocent until proven guilty in a court of law. The study also investigated how the Namibian drug law deals with the issue of the instrumentalities and proceeds of drug related offences. At the end of this investigation it was established that the Namibian drug law does not sufficiently deal with this particular issue.
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    An evaluation of the conformance of Namibia's quality standards to the law and practice of international quality standards
    (University of Namibia, 2005) Hengari, Zelna
    This 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.
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    Harmonization of competition policy in Southern Africa
    (2005) Geingos, Loine H.;
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    An investigation into the need for consumer protection in the financial sector in Namibia
    (University of Namibia, 2017) Kamati, Elifas Tangi
    This thesis investigates the need to strengthen consumer protection in the financial sector in Namibia. The necessity to intensify consumer protection in the financial sector has been necessitated by numerous complaints by consumers against unfair and deceptive practices by financial institutions. Namibia currently does not have national comprehensive consumer protection legislation nor does it have a single legislation regulating the relationship between consumers and financial institutions. The study was conducted through analysis of relevant materials such as books, journal articles, newspaper reports, websites, pieces of legislation and case law. The researcher also conducted interviews, using semi-structured questionnaire, with consumers and officials of financial regulators to obtain empirical understanding of the need for strengthening consumer protection in the financial sector. The research revealed that consumer protection framework in the financial sector is ineffective in the sense that the regulators do not have adequate powers to institute sanctions against financial institutions that are treating consumers unfairly and disregarding consumer rights. The research also reveals that consumers lack knowledge on financial products which makes it difficult for them to make informed choices on suitable financial products. The research recommends that a Financial Services Adjudicator should be established whose function will be to resolve complaints lodged by consumers against financial institutions. Further, the study recommended that the mandates of financial regulators regarding consumer protection should be clearly explained, and that their powers should be strengthened to take firm actions against financial institutions that contravene the laws by treating consumers unfairly. Finally, the study called for the strengthening of consumer education in order to ensure that consumers are empowered to make informed choices with regard to financial products and services
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    Ownership, rights and access to minerals in Namibia: A contemporary legal perspective
    (University of Namibia, 2019) Kalili, Liina
    Namibia has a rich mineral heritage, but the larger proportion of these minerals is mined by foreign owned companies. The majority of the Namibian people do not have access to these mineral resources. Thus, the distribution of natural resources in Namibia has been blamed for the high inequality within the Namibian society as foreign investors arguably benefit more from the mining proceeds than locals. Therefore, the unequal distribution and ownership of natural resources can equally impact on the distribution of other forms of wealth in the Namibian society. In a bid to reverse the current status quo, the contemporary legal perspective to the right of ownership, access and distribution of mineral resources in Namibia was developed to support equitable distribution of mineral resources. However, it is evident that, many factors still need to be considered in order to achieve the objective of equitable access, ownership and distribution of mineral resources in Namibia. Thus, emphasizing the need to look at the current challenges Namibia is facing and how to overcome them in the quest for equitable distribution of natural resources. The lack of access, ownership and distribution of mineral resources is not only the result of inadequate technical skills, technology and capacity but also fear of economic downgrades, corruption and absence of a supporting legal framework. As a way of addressing this problem, some countries such as Zimbabwe has learned from South Africa to implement measures to control business fronting, increased their focus on corporate social responsibility and invested in infrastructure development and technology transfer. This study therefore suggests that Namibia allow citizens to take ownership of the country’s mineral resources by advocating more on creating and expanding local skills and expertise, which may positively contribute to local economic growth. Local empowerment as the engine of growth will also minimize inequality and foreign domination of Namibia’s mineral wealth.
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    The reforming of the electricity supply industry: Competition and regulations: An analysis of ESI reforms in Namibia
    (University of Namibia, 2005) Jocobs, Foibe Louise
    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 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.
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    Regulating public private partnership to attract investment in key development projects: A Namibian perspective
    (University of Namibia, 2019) Walenga, Helena-Tashiya
    This research examines the suitability of the Public-Private Partnership (PPP) Act, in efforts aimed at attracting investments (both local and foreign) in order to promote sustainable development in Namibia. The PPP Act in its current form does not promote private sector participation, does not advance principles of transparency and probity in the procurement process, does not make provision for risk allocation and sharing and does not promote involvement of previously disadvantaged Namibians. The research also aims at ensuring that local investors, through the concept of Black Economic Empowerment (BEE) and other relevant legislation, play a significant role in ensuring the basic needs of the Public are realised and the public's interests are protected. This delicate balance of interest must culminate in service delivery for the public whilst at the same time ensuring that investors retain value for their money through PPPs. The research points out that the world has adapted techniques and concepts that can assist it to best develop and adapt to the cosmopolitan expectations of its citizenry. Namibia can therefore draw lessons from countries such as South Africa and Kenya in so far as the implementation of PPPs is concerned . PPPs have gradually evolved over the centuries on their form and element and similarly have great benefits to a country only if the regulatory framework around it is comprehensive and suitable to ensure that it caters for all the needs of the people involved in the PPP arrangement, without the one having to suffer at the expense of the other. The research advocates for a PPP regulatory framework that promotes the spirit, tenor, history, political and economic setup and objectives of the Republic of Namibia. This can only be achieved by amending the current PPP Act of Namibia, by including the establishment of the PPP Unit, standard terms that should be contained in a PPP contract, how the PPP committee will be appointed, how current PPP projects will be accommodated and how risk should be shared, how previously disadvantaged Namibians will be accommodated and how the act will apply to ensure that this inadequately drafted Act, achieves sustainable national objectives such as BEE and investment growth.
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    Reparations under international law: A case study of the Herero/ Nama claims for reparations for genocide committed by the German Government
    (2013) Harris, Christian
    The Herero and Nama genocide perpetrated by the German colonial authorities, under the command of General Von Trotha has left a controversial legacy in Namibia. It was during the period of 1904-07 when an estimated 80 percent of Hereros and 50 percent of Namas perished in their quest to reclaim their lands from German settlers. Due to the political situation of that period before Namibia‟s independence in 1990, little was said about the genocide until the descendants of the genocide victims petitioned the German Government and companies of that era to pay reparations for colonial injustices. They subsequently filed a claim in Washington D.C. in 2001 to force the German government to make reparation payments totaling over two billion American dollars. In his first visit to Namibia, in 1998, the then President of the Federal Republic of Germany, His Excellency Roman Herzog, expressed regret about the genocide, but stopped short of offering reparation payments. Moreover, in 2004, another German diplomat, Heidemarie Wieczorek-Zeul was dispatched to Namibia, to coincide with the Herero commemoration of the genocide at Okahandja and in the process apologized for the genocide, but also stopped short of discussing the issue of reparations. As such the purpose of this research was to discuss the merits and demerits of the Herero/Nama claims against the German government, and provide a comparable assessment of other claims, most notably the success of Jewish claims against the current German government. Qualitative method of research was utilized in this research. Personal interviews were also conducted during the course of this research. The interviewees were members of the OvaHerero ethnic group as well as several high profile politicians and government officials.
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