The jurisdiction of community courts in Namibia

Abstract

Abstract provided by author

This study examines the jurisdiction of community courts particularly with regard to membership of a traditional authority in respect of which a community court has been established, and the geographical area within which a community court has been established. The core of this study is the in depth analysis of the Traditional Authorities Act, 25 of 2000 and the Community Courts Act, 10 of 2003. The author contends that a community court would have jurisdiction to try members of a traditional community in respect of which a community court has been established wherever those members found themselves. It is thus the author's contention that the jurisdiction of a community court is community bound rather than entirely restricted to a geographical area in which that particular community court has been established

The study also makes comparative analyses between Community Courts in Namibia and Community Courts in Botswana and South Africa. In Namibia, unlike in Botswana and South Africa, there is no common law distinction between civil and criminal law jurisdiction with regard to community courts. The legislation, the Community Courts Act, 10 of 2003, states in general terms that community courts shall have jurisdiction to hear and determine any matter relating to compensation

Finally the author addresses the question whether a party can opt out of the jurisdiction of a community court. It is the author's views that opting out of the jurisdiction of community courts would weaken the authority of community courts, and defeat the whole essence of community courts.