Compensation in murder cases

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dc.contributor.authorNandago, Elinaen_US
dc.date.accessioned2014-02-07T14:08:13Z
dc.date.available2014-02-07T14:08:13Z
dc.date.issued2009en_US
dc.descriptionresearch paper submitted in partial fulfilment of the Master of Law Degreeen_US
dc.description.abstractAbstract provided by authoren_US
dc.description.abstractA 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 courtsen_US
dc.description.abstractIt 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 punishmenten_US
dc.description.abstractTherefore, 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 offenceen_US
dc.description.abstractEmphasis was placed on the payment of compensation in murder cases in terms of Owambo customary lawen_US
dc.description.abstractIn 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 courtsen_US
dc.description.abstractBoth systems know which crimes are affecting the society and which crimes are civil matters or simple conflicts between ordinary peopleen_US
dc.description.abstractThus, 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 punishmenten_US
dc.description.abstractCompensation is paid to answer a civil remedy whereas punishment is there toanswer a criminal remedyen_US
dc.description.abstractCompensation 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 punishmenten_US
dc.description.abstractTherefore, 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 delicten_US
dc.description.abstractIt 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.description.degreeWindhoeken_US
dc.description.degreeNamibiaen_US
dc.description.degreeUniversity of Namibiaen_US
dc.description.degreeMaster of Lawen_US
dc.description.statusSuccessfully Downloaded file :http://wwwisis.unam.na/theses/nandago2009.pdfen_US
dc.format.extentxii, 127 pen_US
dc.identifier.isisF004-199299999999999en_US
dc.identifier.urihttp://hdl.handle.net/11070/487
dc.language.isoengen_US
dc.masterFileNumber3650en_US
dc.source.uriabstracts/nandago2009abs.pdfen_US
dc.source.urihttp://wwwisis.unam.na/theses/nandago2009.pdfen_US
dc.subjectCustomary lawen_US
dc.subjectTribal governmenten_US
dc.titleCompensation in murder casesen_US
dc.typeThesisen_US
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