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Current News and Activities
BOOK LAUNCH Venue: Namibia Scientific Society, 110, Robert Mugabe Avenue (opposite National Art Gallery of Namibia) Date and time: 11 August, 18:30 for 19:00 The book will be at sale for a reduced price at the launch. The customary laws of the various traditional communities of Namibia were neglected during colonialism. Although held in high esteem by these communities, customary law was seen by colonialism to be second-class law, if law at all. The Constitution of the Republic of Namibia has changed this. Article 66 of the Constitution confirms the validity of customary law and places it at the same level of recognition as the colonially introduced Roman–Dutch common law. At the same time, however, the reconfirmation of customary law by the Constitution acknowledges time that the laws of traditional communities are part of the law of the independent Republic of Namibia. This means that customary law is, like any other law of the country, subject to the Constitution, including the fundamental human rights and freedoms enshrined in it. Anthropological research informs us that customary law changes as the cultures in which customary law is founded develop. Legal scholars have learned to accept this, as well as that at least certain parts of customary law should be ascertained in order to ease access to such law for those who are not members of the respective traditional communities or lack knowledge of it for any other reason. It is against this background that the Council of Traditional Leaders resolved to call on all their communities to embark on projects of ascertaining their respective customary laws. The first responses to this call are contained here in the current Volume. The documentation of customary law in this publication will contribute to the strengthening of the principle of the rule of law in Namibia, assist the courts in their application of customary law, and contribute towards the efforts by the communities themselves to continue in their commitment to serve as custodians of customary law. This publication results from the Customary Law Ascertainment Project hosted by the Human Rights and Documentation Centre in the Faculty of Law of the University of Namibia. The publication covers the laws of the 17 recognised northern traditional communities of Namibia. The ascertainment of the remaining 32 recognised traditional communities – the communities of north-eastern, central and southern Namibia – is in progress and should be completed by the end of 2011. Manfred O Hinz is a professor at the University of Bremen and the University of Namibia (UNAM), specializing in public law, jurisprudence and legal anthropology. He Holds the UNESCO Chair: Human Rights and Democracy at the Human Rights and Documentation Centre of UNAM’s Faculty of Law. Ndateelela Emilia Namwoonde, a UNAM graduate, holds the degrees of BJuris, LLB and LLM (cum laude). She has worked as the coordinator of the Customary Law Ascertainment Project of the Human Rights and Documentation Centre of the Faculty of Law of UNAM for the last two years. Ms Namwoonde is a legal practitioner candidate and a lecturer in the UNAM’s Faculty of Law. The research for this publication, the consultation with the communities whose customary law was ascertained, and the publication of the laws themselves were all generously funded by the Embassy of Finland to Namibia.
Faculty of Law human rights and documenation centre Children’s Book in Namibia was launched on the 20th November 2009
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