Community Courts In Namibia: A Policy Challenge

ABSTRACT:

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 juri diction. 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 failing to pay lobola (dowry) among

others.

owadays, offenders may not be sentenced to impri onment 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repealed, there eem to have been no proper direction nor enabling legislation to guide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.

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