School of Law

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A critical evaluation of the efficacy of the willing-seller, willing-buyer concept in the Namibia’s land reform policy and legal framework
(University of Namibia, 2024) Haimbili. Rebeka
Namibia inherited a skewed land redistribution system in favour of a white minority, which necessitated the newly elected government to enact measures to redress this injustice. This study investigated the effectiveness of the willing seller, willing buyer principle and redistribution policies that were enacted to implement the land reform programme. The willing-seller, willing-buyer (WSWB) approach, together with the enacted legislative framework on land have failed dismally in ensuring the equitable distribution of land and in realising the transformative aims of the Constitution. The study analysed the legislative framework to deduce reasons why Namibia has failed to properly address the issue of landlessness 32 years after it attained independence. It also criticises the path of national reconciliation that the government adopted shortly after independence in that it deprived the country of an opportunity to holistically address the inequitable distribution of land. The study found that the major constraints to meaningful land reform are contained in the legislative framework on land, as well as the mixed economy order which undermine the government’s efforts to redistribute land. The study also found that Namibia’s land reform programme does not comply with widely accepted requirements of a successful land reform programme, such as rapidness in implementation, and consensus on the political legitimacy and appropriateness of the mode of land acquisition, which in this case, is the willing seller, willing-buyer policy. Drawing on the experiences of land reforms in South Africa and Zimbabwe this study also found that there is a need to rethink land reform in Namibia, by infusing restorative justice in the land debate, by combining it with other policies that can enhance productivity in agriculture, as well as by easing the burden on the state as the only party responsible for managing and implementing the process of land reform.
Accessing government information in Namibia as a human right issue
(University of Namibia, 2015) Nakuta, John; Mnubi-Mchombu, Chiku
There is general consensus that access to information is indispensable for a functional democracy. It is for this reason that access to information has been recognised and guaranteed as a fundamental human right in various international, regional and national instruments. The right to access to information is not explicitly guaranteed in the Namibian Constitution but is claimable through article 144 of since Namibia acceded and/or ratified various international human rights instruments which provide for this right. This article evaluates the question as to whether access to information is regarded as a human rights issue in Namibia. In determining this, the paper analysed the findings of the pilot study of the baseline study on human rights in Namibia with that of the main study with a specific focus on the theme dealing with access to information. Both studies found that it is almost as easy as it is difficult to access government information in Namibia. Both studies also show that elderly respondents and those with no formal education found it more difficult to access government information. Both studies show that the media was considered to be the main source of government policies, programmes and services. A mere 4 percent of the respondents in both studies indicated that they use libraries as a source for accessing public information. Distance to government departments and rude members of staff/poor service delivery were listed as the main barriers to accessing public information. Respondents in the pilot study listed outdated website content as their third major barrier, whereas respondents in the main study singled out too much bureaucracy as their third highest impediment to government information. The article asserts that the current situation whereby obtaining government information is at the discretion and disposition of civil servants is untenable and inconsistent with the right to access to information. The paper will explore how Namibians, from all walks of life, access human rights information. The paper is based on research which took place in Windhoek, Namibia in April 2012. The various aspects explored include access to government information and channels used to access information including the mass media. The final part of the paper will investigate barriers to accessing government information. Some recommendations will be made on how to improve access to government information in Namibia.
Alternative to state dominated criminal prosecution in Namibia
(2007) Uanivi, Uaatjo
Criminal 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.
An evaluation of Namibia’s anti-corruption laws and their effectiveness: A contemporary legal perspective
(University of Namibia, 2024) Nekomba, Alpha Fiyoopeni
This study evaluated Namibia's institutional, legal, and policy frameworks as to how well they function together to fight corruption. There is no question that corruption has an impact on economic development in terms of economic efficiency and growth and hinders the equitable distribution of resources across the population, leading to an increase in income disparities and undermining the efficacy of social welfare programmes, which in turn prevents economic growth, prosperity, and the eradication of poverty. It is necessary to have strong institutional, legal, and policy frameworks to effectively tackle corruption. Namibia has created national anti-corruption structures. In terms of the Anti-Corruption Act, Act No. 8 of 2003, the Anti-Corruption Commission (ACC), an independent agency, was established with the mandate to combat and prevent corruption in Namibia, amongst others. The legal regime on corruption in Namibia is contained in other Acts of parliament, the Prevention of Organized Crime Act, Act No.10 of 2004, and the Financial Intelligence Act, Act No.13 of 2012. However, the effectiveness of Namibia’s legislative and institutional framework in fighting corruption is still up for debate. The Anti-Corruption Act is the primary legislation, giving a wide and all-encompassing definition of corruption. Namibia has several institutions geared at preventing corruption or guaranteeing adherence to various legal frameworks in addition to the legal frameworks themselves. These institutions' contributions to the fight against corruption will ii be examined in this study. This study examined numerous innate weaknesses and gaps that may prevent Namibia from effectively tackling corruption in its final analysis. The study concludes that Namibia needs the right institutional, legal, and policy frameworks in place before it can effectively combat corruption. To combat corruption in Namibia, this study recommended that new policies be developed, existing policies be reviewed, and existing institutional and legal frameworks be strengthened
An analysis of Uukwaluudhi communal conservancy
(2010) Anyola, Prisca; ;
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.
Approaching old problems in new ways: social work training using community education as a primary prevention strategy to combat gender-based violence
(UNAM Press, 2017) Freeman, Rachel J.
Engaging communities in addressing gender-based violence has become a strategy in the global prevention of gender-based violence. Community education can take many forms and can provide viable alternatives to ad hoc programming. It adds up individual interventions, sequences them into logical progression, strives to build on what is achieved, and has an overview on how various activities slowly come together to change the social climate. Community education is responsive participatory and based on a holistic analysis of the root causes of gender-based violence (Michau, 2007).
Bail refusal on the basis of public interest and administration of justice in Namibia: A critical appraisal of section 61 of the criminal procedure amendment act 5 of 1991
(University of Namibia, 2019) Konga, Bornface Siseho
Namibia has acceded to various international and regional instruments that guarantee rights to personal liberty and the presumption of innocence which values have been incorporated in the Constitution. However, there is a discontent as to how this right to liberty and presumption of innocence are curtailed in the denial of bail based on public interest and administration of justice which terms are not defined in any act of parliament or the Namibian Constitution. The denial of personal liberty is one of the biggest sanctions that government can impose on an individual. However, the right to liberty should not be interpreted in isolation but in the context of general interest of the public. This research concludes by finding that the denial of bail based on the public interest and administration of justice is well founded but the only shortcoming is the lack of certainty as to what constitutes public interest or administration of justice. The research recommends that in order to provide legal certainty, the Namibian Constitution should incorporate the right to bail just like in other jurisdictions and list grounds upon which a person can be denied bail, as this will inform the accused as to which grounds he or she can rely upon in challenging such a judicial decision.
Community service orders as part of juducial discretion in the criminal justice system
(Namibian Educational Research Association (NERA), 2011) Amoo, Samuel K.
State responsibility includes inter alia the promulgation and provision of rules and institutions to maintain peace and security and protect the integrity of the State. Compliance with or obedience to social norms is a sine qua non for the achievement of this objective. The history of penology teaches that the search for compliance with rules and norms has resulted in the imposition of a variety of punishments which include incarceration. Whilst incarceration has traditionally been recognized in the penology of the criminal justice systems worldwide as both a punishment and a crime prevention strategy, research, however, greatly discounts this theory and reformists of criminal justice systems all over the world have advocated community-based corrections as an alternative crime prevention strategy in certain instances. The imposition of community service orders or correctional supervision is within the general criminal jurisdiction of the Courts but there is the need for legislative intervention to provide for the additional legal regime required for the complete implementation of the programme in Namibia. This paper investigates the merits of community-based corrections as an alternative crime prevention strategy and argues for its incorporation in the criminal justice system of Namibia.
Compensation in murder cases
(2009) Nandago, Elina
Abstract provided by author
A contemporary legal perspective of the autonomy of Boards of Directors of public enterprises in Namibia and South Africa
(University of Namibia, 2020) Mbidzo, Bornventure Max
Following a plethora of scandals in public enterprises sectors, corporate governance has become a subject of argumentative debates in the public domain. This study investigated the autonomy of boards of directors of public enterprises' from the shareholder's undue political and managerial interference. The necessity to intensify the boards of directors ' legal protection in public enterprises has been compelled by numerous media reports against political undue interference by line ministers. The study revealed that Namibia and South Africa does not have a legal protection framework for boards of directors of public enterprises. The study recommends that section 4 of the Public Enterprises Act 1 of 2019 be amended to ensure that public enterprises retain their autonomy. It is further recommended that a parliamentary committee be established to oversee the appointment of board of directors of public enterprises and to ensure that this parliamentary committee is empowered to summon boards of directors to account for their decisions in public enterprises. To insulate boards of directors of public enterprises from political interference, it was found that boards should be properly empowered, government intervention should be minimised, board appointment processes should be transparent and merit-based.
A critical analysis of the new labour act number 11 of 2007 in light of the law on labour brokerage
(University of Namibia, 2013) Ncube, Jabulani
Labour brokerage is a term used to describe the relationship that exists between labourers, known as contractors or hired employees and the labour brokerage organizations that employ the labourers. The company to which they provide labour is not their employer. The term therefore refers to the situation in which the labour broker provides clients to render services or perform work for the third party that contracts with the labour broker and in return, the third party rewards the labour broker for the services rendered. The case of African Personnel Services (Pty) Ltd v Government of the Republic of Namibia & Others 2009 (2) NR 596 (SC) thus sums up the powerful and painful memories of the abusive “contract labour system” which was part of the obnoxious practices inspired by past policies of racial discrimination. This study thoroughly examined how labour brokerage has polarized the Namibian society as a result of the painful memories it evokes. In light of the Supreme Court`s decision to allow the operation of labour brokerage, albeit within a regulated framework, the study examined in detail the Labour Amendment Act of 2012 enacted on the 1st of August 2012.The regulatory framework is examined by making a comparative analysis of the law on labour brokerage in other jurisdictions. The jurisdictions examined in this study included South Africa, the Netherlands, Australia, the United Kingdom and the Republic of Zimbabwe. The challenges Namibia has faced vis a vis each of these jurisdictions in relation to the regulations were critically analyzed. The study was based on both primary and secondary sources of law which include statutes, conventions, judicial precedent and academic writers. The research found that even though the various jurisdictions including Namibia have faced challenges with the implementation of a uniform regulatory framework, it has been concluded that permitting a system of regulated labour brokerage rather than an outright ban is the best available option. Most of these countries have adopted regulatory frameworks in their respective jurisdictions in compliance with ILO Convention 181 of 1997. The only exceptions are Zimbabwe, which has an outright ban on labour brokerage, and South Africa, which drafted a Labour Amendment Bill in 2012. It is an inescapable conclusion that the regulatory framework in Namibia which has conferred on the temporary employees a degree of permanency has similarities with the South African legislation. It is evident that the regulations comply with the ILO Convention 181 of 1997. The study concludes that this is a positive development in the jurisprudence on labour brokerage in Namibia as it will curtail the abuses and exploitation of temporary employees which was the major concern of its opponents.
A critical assessment of Namibian refugee law in light of global and regional and regional trends of refugee migration
(Master of Law) Groenewaldt, Angelique L.;
Southern Africa is relatively less affected by refugee movements than for instance, Central Africa, but the impact of refugees on Southern African societies and the increasing retreat of Southern African governments from their responsibilities towards refugees are nonetheless causes for concern. Namibia is a signatory to both the 1951 and AOU Refugees Conventions. In line with its international obligations, the country has promulgated the Namibia Refugees (Recognition and Control) Act 2 of 1999. The Act is designed in accordance with the 1951 and OAU Refugee Conventions, but the country has entered a reservation to Article 26 of the 1951 Refugee Convention that deals with freedom of movement. The fact that the free movement of refugees is restricted means that they cannot seek jobs or earn a living. In addition, restrictions on movements of any person or a group of persons can severely curtail other basic human rights central to the survival of such a person or group of persons. Consequently, and despite, the positive steps taken by the Government of the Republic of Namibia (GRN) in taking ownership and responsibility for persons in refugee like situations, asylum seekers and refugees remain highly vulnerable with no official access to arable land, labour markets, and higher education opportunities due to strict confinement policies. Indeed, the process of identifying durable solutions for the refugee population at Osire, Namibia’s one official refugee shelter, has been slow. This is a cause for concern, especially since the UNHCR intends to scale down its activities worldwide by 2010, a move that will adversely affect the lives of refugees worldwide. In the premise this study seeks to investigate the reception system of asylum seekers as well as the social and economic rights of accepted refugees. Such an assessment is crucial since it establishes whether or not the rights and protection of asylum seekers and refugees should be a renewed concern for the Namibian Legislature. The provisions of the 1951 Refugee Convention, the 1967 Protocol and the OAU Refugee Convention of 1967 are examined and compared with national laws with a view to identifying possible gaps in the national legislative structure. In many developing countries, refugees are denied basic rights, often due to a lack of resources. To this end, a disproportionate amount of energy and resources tends to be focused on determining who is a refugee rather than on their treatment pre-and-post recognition. It remains tragically true that international human rights law has not been permitted to evolve to a state of genuine efficacy in the international as well as national legal arenas. Given that, it is highly unlikely in the present political climate that State Parties would agree to any revision of the 1951 Convention in order to broaden its protective scope, that international human rights law is an effective device available to strengthen and to enhance existing standards. This research also endeavours to identify possible gaps for the protection of other forced migrants and internally displaced persons. Currently environmental and economic migrants are excluded from the definition of a ‘refugee’ in international and most national legal instruments on refugees, including that of Namibia. Consequently it is imperative to explore possible avenues for a broader approach to the understanding of a ‘refugee’. This study found that Namibia’s refugee law is properly in place, but the challenge is clearly in the implementation. Indeed, a generous interpretation of the Refugees Act, read with the two conventions, can go some distance to meeting the needs of at least the most acutely at risk populations outside the borders of their own nation. It is recommended that the legislator adopt and enhance the three traditional durable solutions, namely voluntary repatriation, resettlement and local integration. For some refugees the solution to their dilemma might be voluntary repatriation, but the Namibian government should also consider local integration of, especially long staying refugees who have severed ties with their countries of origin or who are unable to return to their home countries because of a fear of persecution. In the final analysis a combination of the three traditional solutions might prove to be the ultimate durable solution
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.
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, Isabella
Abstract provided by author
A critical examination of the meaning of the words "ordinarily resident" in article 4 (d) of the Namibian constitution in relation to acquisition of citizenship
(University of Namibia, 2019) Tjiveze, Leonard
The purpose of the study was to critically analyse and examine the definition and meaning of the words “ordinarily resident” as stated in Article 4 (1) (d) of the Namibian Constitution. The crux of the study was to determine who qualifies to benefit from the provisions of this Article of the lex fundamentalis in as far as the acquisition of citizenship is concerned. In a nutshell, the study was an analysis of the two judgments pronounced by the High and Supreme Courts of Namibia in the De Wilde case. The study used a qualitative research method as opposed to a quantitative research method, which involved an extensive and comprehensive research method through books, cases, legislation, legal opinions and the internet. The findings made in this study were made based on documentary material that was available to the researcher, with a comparative analysis of other jurisdictions made with that of Namibia with regard to the acquisition of citizenship based on what is termed as immigrants and/or refugees who would describe their stay as ordinary in the country. The eventual findings and recommendations are based on how the Supreme Court went on to define the words of the Constitution and how the Constitution is to be interpreted, which is to give it a purposive interpretative approach so as to provide protection to as varied a class of people as possible. Whereas the High Court of Namibia found that for one to be ordinarily resident, one must be in possession of a permanent residency permit. This approach was to give administrative bodies and officials an opportunity to establish without undue difficulty whether a person was ordinarily resident in Namibia or not. The High Court of Namibia used a strict literal interpretation of the words “ordinarily resident” and said that a permanent residency permit was the ultimate requirement to lay a claim to Article 4 (1) (d). The Supreme Court on appeal was of the opinion that a person living in Namibia on an employment permit under immigration legislation or enjoying a residency status other than permanent residence is not merely by reason of that fact, excluded from claiming to be ordinarily resident in Namibia as contemplated in Article 4 (1) (d) of the Namibian Constitution. This was because permanent residence was discussed elsewhere in Artcile 4 (8) (c) and could thus not be used interchangeably with the term ordinarily resident. Interpretation of the Constitution should be purposive and value-based.
A critical legal analysis of the law, principles and practice of transboundary water lar in Southern Africa: The case of Okavango river basin
(University of Namibia, 2021) Mapaure, Clever
The exponential rise in global population and its growing resource needs has led to an inevitable geometric rise in demand for water. At the centre of this growing demand is how nations relate to each other in the management of trans-boundary water resources. In analysing state relations in so far as transboundary water management and allocation is concerned, the central concept of equity becomes very important to consider. This dissertation is based on research on the Okavango River Basin, but also considers international law and other relevant comparative jurisdictions and river basins in Southern Africa and elsewhere. In order to answer the research questions, the literature that is applicable to the other river basins is extensively analysed. The research questions for this study moved from the general to the particular and were centred on the definition of equity and equitable water allocation. Also, the study considered the questions as to whether the inclusion of equitable language in transboundary water management and allocation agreements really makes a practical difference in transboundary water law at the basin level and in this light, whether the signing of the water agreements on the use and management of Okavango waters has led to conflict or cooperation. The concluding question focused on how the regime theory can help in understanding of interstate water co-operation and whether based on this understanding, a typology or model for Okavango River Basin can be constructed. The dissertation records some findings which include that the inclusion of equitable language does not in itself connote lack of conflict or cooperation. Further, the signing of water agreements on the use and management of Okavango waters has not been the sole cause of the apparent cooperation. The cooperation that exists is mainly out of political will or based on expectation of some economic benefit. It is emphasised in the dissertation that differences of opinion between the watercourse states are based not only on their legal views, but also on their material political and economic interests. The dissertation highlights many instances which show conflict. This study was mainly desk-based and followed a mixed methodological approach. The analysis of data was based on some inductive strategy. The result of these methodologies and research paradigms was the development of a Five Pillar model out of the understanding from the regime theory. Based on this model, two Model Agreements applicable to the Okavango River basin were drafted and attached to the Dissertation as Annexes.
Diplomatic and consular privileges and immunities abuse in relation to the principle of reciprocity vis-à-vis the victims’ rights guarantee in Namibia and international law
(University of Namibia, 2024) Hamukwaya, Nghihepavali Michael
The purpose of this study was to investigate the status of diplomatic and consular law on the privileges and immunities accorded to diplomatic and consular mission premises, as well as diplomatic and consular agents in terms of the Vienna Conventions on Diplomatic and Consular Relations of 1961 and 1963, and in relation to the principle of reciprocity from a Namibian perspective. Moreover, the study sought to assess whether the current setup breeds diplomatic and consular privilegesand immunities abuse. The study further aimed to investigate and examine how abuse of diplomatic and consular privileges as well as immunities undermine the constitutional rights of the victim person, and whether it is necessary to amend the current Namibian and international legal framework on diplomatic law. This investigation and discussion primarily focused on the mission premises and its ancillaries, as well as the diplomatic agent with regards to the criminal, civil, labour and administrative legal aspects. This study did not make use of a population, as its research method is strictly qualitative, considering that it did not entail data collection. The study engaged only existing literature and case law on diplomatic law to find solutions to the target problem. Moreover, the study, through its foreign jurisdictions – caselaw and Namibian non-judicial cases – revealed that the status quo of the legal framework of diplomatic law breeds abuse by diplomatic and consular agents at the expense of the victim person’s constitutional rights due to a lack of sufficient remedies. The study also enquired on which doctrine (human rights law v diplomatic law) takes precedence in cases of these abuses. The study recommended a reasonable balance between human rights law and diplomatic law without derogating from the doctrine of diplomatic law by suggesting amendments to both Diplomatic Privileges Act 71 of 1951 andVienna Conventions on Diplomatic and Consular Relations
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.
Evaluation of the Namibian legal framework on money laundering and associated offences
(University of Namibia, 2019) Mbeha, Charles Ntema
The Money laundering offence was identified as such in the late part of the 20th century in the United States of America. Since this period, it has been a crime that has received immense attention for various reasons. This study aims to illustrate that, although the crime has received so much attention over the years, there still exists some areas on the subject matter that still require further research. In this study it is demonstrated that the concept of money laundering is not properly defined. This is exemplified by the different jurisdictions that have been analysed herein, namely; the United States of America, United Kingdom, South Africa, Singapore and Namibia respectively. Furthermore, it is found that diverse authors fail to question the unclear areas that exist within the conceptual framework of money laundering. Similarly, international treaties of the United Nations are no exception to this analysis. The study further discusses the relationship between money laundering and its associated offences and clearly illustrates that it is a crime that does not operate in isolation from other associated offences, and as such this connection needs to be understood by all concerned stakeholders in the fight against it. This is important in order to effectively and progressively combat the crime of money laundering vis-à-vis its associated offences. In assessing its definition, the study illustrates the relationship that is inherent between the crime of money laundering and its associated offences, how this relationship comes about, and why the two go hand in hand. Additionally, the study shows that money laundering is a world-wide problem, and as such it, without doubt, requires world cooperation in order to be appropriately addressed. This study involves two parts. Firstly, desk research (national, international, case law and writings of various authors mostly from the afore-mentioned jurisdictions, amongst others.) Secondly, the study comprises of interviews amongst selected money laundering regulators or officials in Namibia. The participants in these interviews were chosen by way of sampling technique as it would have been impractical to assess the understanding of all stake-holders in Namibia as far as money laundering and its associated offences are concerned. This study does not only display problems that border money laundering and its associated offences, but it also suggests solutions to the identified issues bordering this crime.

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