Community courts in Namibia

Abstract

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For generations, Customary/Community Courts have played a vital role in the resolution and settlement of disputes among community members. Traditional leaders have been instrumental both as law-makers and as enforcing judges of the customary law observed by the majority of the population of the area under their jurisdiction. Usually chiefs and specific headmen are empowered to hear and determine law and custom brought before them by the residents within their respective areas of jurisdiction. Customary Courts at present also do have jurisdiction to try criminal offences from contravention of the common law or of customary law and custom. In most cases such offences are limited to theft, common assault, neglect of children, offences arising from inheritance, customary Unions and delicts like adultery, seduction and failulg to pay lobola (dowry) among others

Nowadays, offenders may not be sentenced to imprisonment or subjected to corporal punishment as it has become unlawful, but to fines payable as compensation traditionally calculated in cattle or an equivalent of ten small stock to one cattle. An equivalent in monetary terms may also be accepted

After the enactment of the independence constitution where all Bantustan laws were repealed, there seems to have been no proper direction nor enabling legislation to guide traditional authorities in their administration of Justice. Thus the necessity of an enabling legislation (Community Courts Bill) to address the situation