Compensation in murder cases select="/dri:document/dri:meta/dri:pageMeta/dri:metadata[@element='title']/node()"/>

DSpace Repository

Show simple item record Nandago, Elina en_US 2014-02-07T14:08:13Z 2014-02-07T14:08:13Z 2009 en_US
dc.description research paper submitted in partial fulfilment of the Master of Law Degree en_US
dc.description.abstract Abstract provided by author en_US
dc.description.abstract A practice developed in some communities in Namibia whereby any person who hascaused the death of another person is ordered to pay compensation, irrespective of whether or not that person has been tried and convicted in the state criminal courts en_US
dc.description.abstract It is because of this practice therefore that there are now divergent views among members of the public that compensation paid in murder cases in terms of Owambo customary law is double punishment en_US
dc.description.abstract Therefore, the main objective of this study was to examine whether compensation paid in terms of Owambo customary law in cases that are triable by the state criminal courts is a punishment, and whether such payment is in conflict with Article 12 (2) of the Constitution of Namibia which prohibits a person to be tried and punished twice for the same offence en_US
dc.description.abstract Emphasis was placed on the payment of compensation in murder cases in terms of Owambo customary law en_US
dc.description.abstract In Namibia, there are two legal systems of law, these are, customary law and general law. As there are two legal systems of law, there are also two different systems of courts, these are customary law courts and the State courts en_US
dc.description.abstract Both systems know which crimes are affecting the society and which crimes are civil matters or simple conflicts between ordinary people en_US
dc.description.abstract Thus, immediately if someone commits a crime in Namibia there are automatically two remedies, that is civil remedy and criminal remedy, and that is the reason why, in terms of Owambo customary law, if someone causes the death of a human being, the relatives of the deceased take their claim to their customary law court for compensation and at the same time report the matter to the police for prosecution and punishment en_US
dc.description.abstract Compensation is paid to answer a civil remedy whereas punishment is there toanswer a criminal remedy en_US
dc.description.abstract Compensation award in murder case by the Owambo customary law is just a civil remedy like all other remedies in the law of delict, and such payment does not absolve the suspect from punishment en_US
dc.description.abstract Therefore, it will be concluded that compensation award in murder cases in terms of Owambo customary law is not a double punishment and that it is just a civil remedy like all other remedies in the law of delict en_US
dc.description.abstract It will also be argued that Owambo customary law courts are civil courts in nature and have no jurisdiction to punish (the suspect and their families) in murder cases or in any case which are taken to their courts for compensation purposes. en_US
dc.format.extent xii, 127 p en_US
dc.language.iso eng en_US
dc.source.uri abstracts/nandago2009abs.pdf en_US
dc.source.uri en_US
dc.subject Customary law en_US
dc.subject Tribal government en_US
dc.title Compensation in murder cases en_US
dc.type Thesis en_US
dc.identifier.isis F004-199299999999999 en_US Windhoek en_US Namibia en_US University of Namibia en_US Master of Law en_US
dc.description.status Successfully Downloaded file : en_US
dc.masterFileNumber 3650 en_US

Files in this item

This item appears in the following Collection(s)

Show simple item record