University of Namibia Press

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UNAM Press publishes works on topics related to Namibia and the Southern African region, reflecting the strengths of the University and the best scholarship in and on Namibia and the region. Published and forthcoming titles include studies of culture and languages; nation building and democracy; education; law; social and political history; autobiographies; the environment and sustainable development. UNAM Press thus plays a vital role in fulfilling the vision and mission of the University, as defined in its key statements, by disseminating the results of the university’s research across a broad spectrum of real-world problems, in order to contribute to nation-building; serving as a repository for the preservation, development and articulation of national values and culture, through the promotion of Namibian history, art and languages, and becoming a treasure house of knowledge at the service of national development.

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The 1978 election in Namibia
(University of Namibia Press, 2015) Mashuna, Timoteus
taken place in Namibia since 1989 to elect the President, National Assembly, Regional Councils and Local Authorities. However, it is often forgotten that the first national democratic election in Namibia took place in 1978. Up to this date some elections had taken place for political structures (such as the Legislative Assembly), but the electoral roll had been limited to whites only. A historical analysis is required to consider the reasons why a democratic, national election was held in 1978, and the continuing limitations of the electoral system that led SWAPO, the leading nationalist party, to boycott the election. Sources covering debates of the United Nations (UN) during the 1960s indicate members of the UN were increasingly concerned that progress toward the complete emancipation of many countries and people under colonial status was too slow and should be accelerated. This concern led, for example, to the adoption of a declaration aimed at granting independence to colonial countries in September 1960. Growing international pressure prompted South Africa to rethink her colonial approach in Namibia and hence in 1963, South Africa commissioned the Odendaal Commission of Enquiry to investigate the affairs of Namibia and propose some sort of internal settlement that would prevent the emergence of nationalism so as to maintain South Africa’s upper hand in running the affairs of Namibia (UNIN, 1986, p. 39). However, despite these declarations and many other resolutions passed by the UN in an effort to end colonialism in Namibia and in many other countries of the world, the UN’s intervention only became significant in the 1970s.
Bioprospecting for ‘green diamonds’: Medicinal plants used in the management of HIV/AIDS-related conditions
(University of Namibia Press, 2015) Chinsembu, Kazhila C.
I believe that while scientific research is necessary to improve the way in which our natural resources are exploited … our people must not be completely disowned … of resources that they have possessed for generations. It will be a sad day when the medicinal formulas of devil’s claw are patented by big pharmaceutical companies and thereby become depleted and unavailable to the natural owners of the resource. (His Excellency Dr Sam Nujoma, Founding President of Namibia at a symposium on devil’s claw, as reported by Wickham, 2001.)
Brendan Kangongolo Simbwaye: A journey of ‘internal’ exile
(University of Namibia Press, 2015) Kangumu, Bennett
The Caprivi African National Union (CANU) was secretly founded on 7 September 19622 even though it had existed as an underground movement from late 1958. CANU did not survive within Caprivi beyond its very first public meeting, which took place in July 1964.3 Brendan Kangongolo Simbwaye, founding President of CANU, and two others, Alfred Tongo Nalishuwa, and Vernet Maswahu, were arrested at that meeting and this marked the start of a life of perpetual detention, isolation, banishment and ‘internal’ exile or displacement for Maswahu and Simbwaye. After his arrest, CANU re-grouped in Zambia under Albert Mishake Muyongo and joined the South West Africa People’s Organisation (SWAPO) in an alliance in 1964. Simbwaye was made SWAPO’s Vice-President.
The Caprivi African National Union (CANU) 1962–1964: Forms of resistance
(University of Namibia Press, 2015) Kangumu, Bennett
The history of the Caprivi African National Union (CANU) is barely covered in Namibian historiography dealing with the liberation struggle.2 However, in this chapter I am not interested in presenting a historical narrative of the rise and fall of CANU, and thus to mistakenly assume a simple linearity of events regarding the history of the movement.3 I will also not discuss the relationship between CANU and the South West Africa People’s Organisation (SWAPO) in exile and the subsequent ‘merger’ of the two liberation movements.4 The main focus will be to examine why the administration enforced a harsh clampdown on CANU activities and activists, forcing many into exile and preventing the movement from operating freely within Caprivi, beyond its official launch and its first meeting.
Colonial monuments in a post-colonial era: A case study of the Equestrian monument
(University of Namibia Press, 2015) Elago, Helvi I.
Colonial monuments litter the Namibian landscape, but a shallow reading of their significance fails to recognise the layers of meaning that have attached to these landmarks over the passage of time. The issue that we need to explore is what happens to the monuments, memorials, museums and other sites representing the previous regime’s core values and memories when a new regime, based on very different values, comes to power? When the ruling government changes, the state is faced with basic decisions concerning the past and what to do with the inherited ‘public history’ such as the monuments, memorials, museums and other symbols of power of the previous regime. In some African countries, like Angola, Kenya, Malawi and Angola, heritage sites and objects from the past regime were removed and destroyed as a way of breaking away from the past (Kriger, 1995, p. 141; Marschall, 2008, p. 350; Salvador and Rodrigues, 2012, p. 423). But is this the right way of dealing with a painful past? In Namibia and South Africa there has been little removal or destruction of colonial heritage. Instead, as an alternative for changing the symbolic inherited landscape, the governments have created new sites commemorating previously ignored events and heroes in the struggle to end apartheid, e.g. Heroes Acre in Windhoek, Namibia, and Freedom Park in Pretoria, South Africa. In fact, the Equestrian monument that used to stand next to the Alte Feste located in Windhoek, which was moved in 2009 and ‘removed’ in 2013 is the only colonial monument to date to have been changed since independence. The new Namibian regime has emphasised the importance of teaching the new generation about history and seems to have recognised the value of having tangible commemorative sites such as monuments and memorials.
Colonialism and the development of the contract labour system in Kavango
(University of Namibia Press, 2015) Likuwa, Kletus M.
The contract labour system in Namibia was a colonial invention and needs to be explored in the context of colonial historiography. Many scholars have written on the contract labour system in Namibia. However, while there is a general understanding of the system, the Kavango as a supplier of contract labour is neglected, as the historiography has largely focused on the supply of labour from the region that was labelled ‘Ovamboland’ (Clarence-Smith and Moorsom, 1977; Cronje and Cronje, 1979; Hishongwa, 1992; Kane Berman, 1972; McKittrick, 1998; Moorsom, 1989; Cooper, 2001). However, the area known today as the regions of Kavango East and Kavango West has a significant role in the history of migrant labour in Namibia and there is an opportunity to reassess the system using a different regional context. Although labour recruitment in the Kavango had been on-going prior to 1925, it was unorganised with limited numbers of recruits collected by colonial officials, and it was only after 1925 that the South African administration finally managed to formalise labour recruitment. The formalisation of the contract labour system in the Kavango occurred with the formation of the Northern Labour Organisation (NLO) and Southern Labour Organisation (SLO) in 1925. These were later amalgamated into the South West Africa Native Labour Association (SWANLA) which recruited labourers from the Kavango and Ovambo in the early 1940s until the collapse of the contract labour system in 1972. Using qualitative research methods to gather and analyse data, this paper employs oral interviews, archival and written sources to explain the encounters of the Kavango population with colonialism and asks why both German (1885-1915) and South African (1915-1989) colonial authorities needed labourers from Kavango, and what strategies the colonial administration used to extract labour.
Customary law ascertained
(University of Namibia Press, 2016) Hinz, Manfred O.; Gairiseb, Alex
The Namibian legal system is premised on the principle of legality. One of the essential elements of the principle of legality is that the law must be specific and clear. This presupposes that the law must be drafted clearly and in such a way that a person may ascertain the legality of a particular course of conduct. Implicit therein is also the requirement that the law should be accessible and foreseeable. These requirements, needless to say, equally apply to customary law given the pluralistic nature of our legal system. The Customary Law Ascertainment Project, as mentioned elsewhere, is not aimed at codifying customary law in Namibia. That task is the preserve and prerogative of the Executive. The global objective of this Project seeks to assist in giving meaning and effect to the principle of specificity as it relates to the customary laws applicable in Namibia. The principle of legality in all its facets is inextricably linked to human rights. The major international and regional human rights instruments all expressly and implicitly guarantee and protect this principle. For instance, the International Covenant on Civil and Political Rights (ICCPR), African Charter on Human and Peoples’ Rights (ACHPR), and the European Convention for the Protection of Human Rights and Fundamental Freedoms all guarantee and protect this important legal principle. During the workshops on good governance with Traditional Authorities in 2001 and 2002, sponsored by the Office of High Commission for Human Rights, Geneva, the traditional leaders strongly recommended that the Human Rights and Documentation Centre at the University of Namibia, assist in documenting their customary laws to enable current and future generations to become aware of their customary laws. It is against this backdrop that the Human Rights and Documentation Centre of the Law Faculty of the University of Namibia takes particular pride and joy in being associated with this epoch-making project. With this work we are not only seeking to contribute towards ascertaining and making customary law accessible to its users; through this project we are also trying to ensure that traditional and informal justice systems in our country evolve towards serving justice in full respect of international human rights standards.
Developmental issues facing the San people of Namibia: Road to de-marginalization in formal education
(University of Namibia Press, 2015) Brown, Anthony; Haihambo, Cynthy K.
INTRODUCTION: As for other indigenous people in the world, the living standards of the San in Namibia have drawn attention as they have been viewed as contravening basic human rights. Since its independence from apartheid South Africa, the Namibian Government, as a member of the United Nations (UN), has embarked upon various projects and interventions in order to secure the rights of their indigenous communities, including those of the San. One of the most progressive conventions of the UN, the Salamanca Statement of 1994 on inclusive education (UNESCO, 1994), promulgates that schooling should cater for all children regardless of their differences or difficulties and serves as a driver towards such efforts. It is worth noting that this global educational transformation came at a time when Namibia was in its fourth year of independence from apartheid South Africa, and was attempting to deconstruct and redress the fragmented education system that it had inherited. It was an education that separated learners depending on their race, gender, ethnicity and language, and if they had a disability (MEC, 1993). It is through this historical backdrop that the San face current challenges as agents in an inclusive space. The educational experiences of indigenous San children in Namibia reflect discrimination, isolation and a compromised quality of education, and their identity and their indigenous knowledge is not fully embraced in the broader education system. As a result many of them fall through the safety net of this all-embracing educational philosophy. It is for this reason that San children have become a heightened concern and responsibility for the education authority in Namibia.
Finnish solidarity with the liberation struggle of Namibia: A documentation project
(University of Namibia Press, 2015) Peltola, Pekka
Namibia’s independence was won primarily by the efforts of Namibians themselves. Acknowledging this, it is also important to remember that the liberation struggle of Namibians took place outside its borders as well: it started in Cape Town, spread to the United Nations in New York, established itself in Tanzania, then in Zambia and Angola. The diplomatic, political and armed struggle led by SWAPO could be fought only with the material, political, and other support given by many governments and nongovernmental organisations. Thousands of people dedicated themselves to supporting the fight against apartheid and for a free and independent Namibia. In order to write a comprehensive history of the struggle, a rich database documenting the mainly selfless efforts rendered by solidarity activists in other countries is necessary. For this reason Finland has contributed by collecting documentary evidence of the work done in Finland or by Finns for the struggle and, therefore, the initiative of the Archives of Anti-Colonial Resistance and the Liberation Struggle (AACRLS) project was welcomed in Finland, where a committee was formally established for that purpose in 2004 as a part of the Namibian effort to save this history.
The gendered politics of the SWAPO camps during the Namibian liberation struggle
(University of Namibia Press, 2015) Akawa, Martha
This chapter looks at the sexual politics of the SWAPO camps (civilian and military) in Angola and Zambia.1 Its purpose is to explore issues around allegations of sexual abuse and unwelcome sexual advances, and issues of sexuality, against the backdrop of SWAPO’s policy on gender equality. Did these allegations undermine the goals and objectives of the leadership, particularly the women’s leadership that had gender equality and women’s emancipation as one of its main goals? The chapter will also seek to question whether a rhetorical commitment to equality was translated into practical equality in terms of the political structures and socio-economic power relationships in the camps. SWAPO made a clear and a firm ideological commitment in publications and speeches that, in the liberation struggle, women were equal to men and that equality between men and women was a central principle of the party. Iina Soiri has argued that the rhetoric of sexual emancipation became more pronounced from the mid-1970s because of a combination of factors. The United Nations announced that the International Decade for Women would take place between 1975 and 1985 and, in 1976, SWAPO adopted a more radical ‘Political Programme’ based on the principles of ‘scientific socialism’ (Soiri, 1996, pp. 67, 85).
Harvesting and consumption of the giant African bullfrog, a delicacy in northern Namibia
(University of Namibia Press, 2015) Okeyo, Daniel O.; Kandjengo, Lineekela; Kashea, Martha M.
Namibia covers an area of approximately 800,000 square kilometres and has a human population of about 2.1 million. This gives an average density of about 2.6 people per square kilometre. Most of the people of Namibia belong to one of five main ethnic groups of African origin: the Aawambo, Ovaherero, Kavango, Caprivian, and Damara and Nama peoples. The diet of ethnic Namibians comprises a variety of foods such as millet, sorghum, maize, sweet potatoes, groundnuts and fruits. Millet and maize are staple foods. Fruits are mainly wild and indigenous. Staple foods in northern Namibia are generally accompanied with indigenous vegetables, beef, lamb, mutton or fish. Giant African bullfrogs – locally known as efuma (sing.) or omafuma (pl.) – form a delicacy, especially during the rainy season (Figure 10.1). The Aawambo are not alone in appreciating these frogs (Pyxicephalus adspersus) as a delicacy. Reports exist of others also eating it within Namibia as well as elsewhere in southern Africa. For example, the Nsenga people in the eastern Luangwa Valley (Eastern Province, Zambia) also consume whole bullfrogs, which they locally call kanyama kaliye fupa – the animal without bones. The giant African bullfrog is distributed widely throughout southern and eastern Africa (Figure 10.2) and found in areas of Namibia, Angola, Botswana, South Africa, Zimbabwe, Zambia, Mozambique, Malawi, Tanzania and Kenya (Channing, 1991; Conradie, Branch, Braack, & Manson, 2010; IUCN, 2011). It is reported to occur in the central and northern areas of Namibia (Channing 1991; Griffin, 1997) and is found in considerable numbers on the northern plains, especially during the early rain season.
Hendrik Witbooi and Samuel Maharero: The Ambiguity of Heroes
(University of Namibia Press, 2015) Hillebrecht, Werner
Hendrik Witbooi and Samuel Maharero are two familiar icons. Both of these portraits were probably taken in the same style, but on different occasions, by the Windhoek photographer Lange. Both men started their careers as leaders in a controversial way, Hendrik by rebelling against his father, Kaptein Moses Witbooi; Samuel by succeeding his father Maharero in violation of traditional succession rules. Both led their people in the struggle against German colonial rule. Witbooi died from a German bullet in 1905. He was buried in a secret, forgotten grave near Vaalgras, which has not been rediscovered. Maharero died in exile in Bechuanaland in 1923, eight years after German rule ended, and seventeen years after he had left; indeed he only returned to Namibia for his reburial in Okahandja. Both are remembered to this day by their respective communities in an annual commemoration, and both had a history of fighting against each other, and side by side, both for the Germans, and against the Germans. This chapter focuses on Hendrik Witbooi, as it is mainly based on research of his correspondence, but Samuel Maharero also appears again and again, as their stories are inextricably linked. The chapter should not be understood as an attempt to tear down monuments. In any case, although he deserves a monument, Witbooi does not have one, just an empty grave at Heroes Acre, Windhoek, and a memorial stone in Gibeon. In my personal opinion, Hendrik Witbooi is a hero for a number of reasons, and that he died from a German bullet is but the least of them. But this chapter is a reminder of the complexity of history and that ‘heroes’ are rarely as flawless as popular versions of history would like to portray. Contemporary images of cartoon and ‘Hollywood Heroes’ create expectations that run the risk of obscuring histories that contain different and discordant perspectives.
Heritage education in the school curriculum: A critical reflection
(University of Namibia Press, 2015) Likando, Gilbert N.
This chapter critically highlights the importance of heritage education in the school curriculum in Namibia. It does so in relation to John Patrick’s five pitfalls that heritage educators must avoid in the process of designing a heritage education school curriculum or infusing the right content into existing curriculum, namely: elitism, extreme pluralism, localism, romanticism and anti-intellectualism (Patrick, 1989). The chapter links this perspective by Patrick of heritage education infusion and integration in the school curriculum to the on-going reform process in education in Namibia. Debates have loomed on how the integration or infusion could be done. While some proponents propose the creation of an entirely new curriculum for heritage education in schools, others argue for the infusion of heritage education content into the current school curriculum by drawing on many disciplines such as history, geography, the natural and social sciences, the arts and literature as the best approach.
Indigenous knowledge and antimicrobial properties of plants used in ethnoveterinary medicine
(University of Namibia Press, 2015) Chinsembu, Kazhila C.
The use of chemical pesticides and pharmaceutical drugs to manage livestock pests and diseases is anathema to the environment and leads to the development of resistance. Most resource-poor farmers also face problems, such as inaccessibility, unaffordability and inappropriate use of chemical pesticides and drugs. Faced with these constraints, livestock farmers in Namibia and other African countries turn to indigenous knowledge as an alternative option and as a key to unlock the power of plants to control various vectors and diseases of livestock. Utilization of plant extracts as ethnoveterinary medicines (EVMs) is perhaps one of the most sustainable methods readily adaptable to rural livestock-farming communities. Plants identified as herbal remedies in the management of livestock diseases, especially those with antimicrobial and antiparasitic properties, present considerable potential for further scientific research which may lead to the discovery of new and safer drugs. Although many rural communal farmers use plants to treat livestock diseases, the current status of information on the use of plants in EVM Namibia, and the biological activities and toxicities of this flora, is still inadequate. For example, a complete systematic ethnobotanical list has not yet been compiled, creating an urgent need to record EVM knowledge in Namibia.
Indigenous knowledge and climate change in rural Namibia: A gendered approach
(University of Namibia Press, 2015) Siyambango, Nguza; Kanyimba, Alex T.; Mufune, Pempelani
Since 1972, robust literature about the need for men and women to respond to the impacts of climate change has emerged. The international response to climate change is embodied in the United Nations Framework Convention on Climate Change (UNFCCC). The UNFCCC that was adopted at the United Nations Conference on Environment and Development (UNCED) in 1992 has been in force since 1994. The ultimate objective of the UNFCCC is to: ‘... achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous human-induced interference with the climate system within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.’ (UNFCCC cited in Kyoto 2, 2008.) The strategies envisaged by both scientists and politicians are based on the combination of adaptation, mitigation and use of indigenous knowledge (MET, 2011a, 2011b & 2011c). Mitigation, adaption and integration of indigenous knowledge require both men and women to participate equally in decisions pertaining to adjusting ecological, social or economic systems in response to observed climate change, and a process of curtailing greenhouse gas emissions and other anthropogenic interventions. However, traditional configuration of gender roles means that women and men have multiple responsibilities in the home, at the workplace and in the community.
Indigenous knowledge of medicinal plants used for the treatment of cancer
(University of Namibia Press, 2015) Dushimemaria, Florence; Mumbengegwi, Davis R.; Bock, Ronnie A.
The global burden of cancer continues to increase in both developed and developing countries. This is largely attributed to a growing aged population as both the numbers of people and life expectancies increase. Another important factor is the adoption of lifestyles that increase the risk of developing cancer (Jemal et al., 2011). Lifestyle choices, such as smoking tobacco, consuming alcohol, being physically inactive and eating unhealthily, contribute to the upsurge in cancer cases. Siegel, Naishadham and Jemal (2012) estimated that about 1,638,910 new incidences of cancer and about 577,190 deaths due to cancer occurred worldwide in 2012. They further estimated that 56% of the cancer cases and 64% of cancer-related deaths occurred in developing countries (Jemal et al., 2011), indicating that the developing world is gradually having to shoulder more of the burden and where cancer survival rates tend to be lower.
Indigenous knowledge of Namibia
(University of Namibia Press, 2015) Chinsembu, Kazhila C.; Cheikhyoussef, Ahmad; Mumbengegwi, Davis R.; Kandawa-Schulz, M.; Kasanda, Choshi D.; Kazembe, Lawrence N.
Why this book, Indigenous Knowledge of Namibia? Nowadays, indigenous knowledge has gained prominence and attracted public interest due to its numerous applications in science and innovation: biotechnology, health, bioprospecting, pharmaceuticals, medicinal plants, agriculture, food preparation, mathematics, natural resource management, climate change and astronomy. There are many niche players in the field of indigenous knowledge in Namibia and many studies being carried out. Thus, although not all aspects of Namibia's indigenous knowledge are covered in this book, most readers from various walks of life - laypersons, scholars and policy makers - will find this book a very useful companion. The content of this book serves as a good starting point, because 'we cannot go further into the future without looking deeper into the past' (anonymous). Through their laboratory and scientific studies, the authors of this book server as guides through the journey to discover and record the indigenous knowledge of Namibia society. More importantly, their individual and collective works endevour to add value to Namibia's indigenous knowledge. The voyage and value addition are aimed at bringing greater clarity to some of the most perplexing aspects of indigenous knowledge in Namibia. Authors are aware of local communities need to benefit from their indigenous knowledge. That being said, the aim of this book is not to appropriate the indigenous knowledge of local communities, as most indigenous knowledge is already in the public domain.
Indigenous knowledge used in the management of human–wildlife conflict along the borders of the Etosha National Park
(University of Namibia Press, 2015) Lendelvo, Selma M.; Angula, Margaret; Mfune, John K.
Humans and wildlife in Africa have coexisted for millennia, but conflicts between them have become common phenomena (Shemwetta & Kideghesho, 2000). Worldwide, borders between humans and wild spaces have become blurred, particularly those surrounding protected areas. As a result, wildlife frequently moves out of protected areas and enters nearby human settlements (Ogra, 2008). In addition, the frequency of human–wildlife conflicts (HWCs) in these areas has grown in recent decades, largely because of the increase in human population, the expansion of human activities and changes in wildlife management systems (Graham, Beckerman, & Thirgood, 2005). In this chapter, we describe how commercial and communal farmers who live along the borders of Etosha National Park (ENP) use their indigenous knowledge in dealing with HWC. We interviewed 48 farmers from cattle posts in the communal areas north of ENP and 51 commercial farmers on private land south of ENP through a semi-structured questionnaire. The majority of farmers indicated that they have techniques and strategies to protect their livestock, crops, families and property from being harmed by problem wildlife. Understanding the indigenous knowledge that farmers have to deal with HWC is important for improving wildlife management systems in Namibia.
The Kavango legislative council
(University of Namibia Press, 2015) Nambadi, Aaron
The Bantustan policy, as implemented by the South African colonial government in South Africa and later in South West Africa (Namibia), served different social, political and economical purposes. After the victory of the National Party in 1948, the colonial government of South Africa embarked upon the strategy of separate development for the different ‘native nations’. The Bantustan system fragmented the African majority population in South Africa and South West Africa into groupings along ethnic lines (the ‘divide and rule’ strategy). The strategy entailed the actual granting of homerule and then self-determination and eventually independence to a few African ethnic states, the homelands. The introduction of homelands for the majority of the African people promoted controlled political and economic opportunities in the Bantustan peripheries, which would be sufficient to entice an emergent African beneficiary class into collaborating with South Africa in the control and suppression of the subordinated population, without simultaneously providing the class with sufficient muscle to become a significant competitor for power. It might be argued that the success of Namibia’s liberation struggle was also dependent upon the failure of this alternative political framework. However, the existing historiography has largely ignored the internal political dynamics of the homelands, whilst the relevant literature that does exist has focused mainly on ‛Ovamboland’ (Tötemeyer, 1978; Kössler, 2005; Cooper, 2001) This chapter is drawn from a more extensive thesis that was concerned with examining the Kavango Legislative Council, its constitution, its powers, the role of the traditional authorities within the body, and the legislation passed by the Council.
Labour law in Namibia
(University of Namibia Press, 2012) Parker, Collins
Labour law or employment law – the two terms can be used interchangeably – may be described as that branch of law that is concerned with persons in the employment relationship. Tebutt, JA put it succinctly in this way: ‘Briefly speaking Labour Law is to be understood as the common law of master and servant as expanded and otherwise modified by Industrial Legislation.’1 Put simply, labour law governs the contractual relationship between an employer and an employee. Flowing from that relationship, employers and employees have certain rights, obligations and liabilities under the law. Principles of other branches of law are deeply embedded in labour law. Chief among these are principles of the law of contract, law of delict, criminal law, statute law, administrative law, constitutional law and human rights law. Central to labour law, as already mentioned, is the contractual relationship between an employer and an employee. Therefore, principles of the law of contract are applied to explain the nature and consequences of the employment relationship. The law of delict is also employed to determine the civil liability of employees, employers and third parties in employment situations. Many countries have eschewed penal sanctions in labour relations, although criminal law still plays an important role in labour relations, especially with regard to unlawful strike, lockout, or picket, and the employment of minors. For example, it is an offence under s. 3(6) of the Labour Act 20073 for a person to employ, or require or permit, a child who is under the age of fourteen years to work in any circumstances prohibited by the Act. An employer found guilty of this offence is liable to a fi ne not exceeding N$20,000.00, or to imprisonment for a period not exceeding four years, or to both.

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