Customary law ascertained
| dc.contributor.author | Hinz, Manfred O. | |
| dc.contributor.author | Gairiseb, Alex | |
| dc.date.accessioned | 2016-07-23T12:57:35Z | |
| dc.date.available | 2016-07-23T12:57:35Z | |
| dc.date.issued | 2016 | |
| dc.description.abstract | 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. | en_US |
| dc.identifier.citation | Hinz, M.O., & Gairiseb, A. (2016). Customary law ascertained. Windhoek: UNAM Press. | en_US |
| dc.identifier.isbn | 978-99916-42-12-3 | |
| dc.identifier.uri | http://hdl.handle.net/11070/1821 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Namibia Press | en_US |
| dc.subject | Customary law | en_US |
| dc.title | Customary law ascertained | en_US |
| dc.type | Book | en_US |