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Sunday, April 26, 2020 | History

2 edition of Customary law in Namibia found in the catalog.

Customary law in Namibia

Manfred O. Hinz

Customary law in Namibia

development and perspective ; Namibia : customary land law and the implications for forests, trees, and plants (final report)

by Manfred O. Hinz

  • 183 Want to read
  • 35 Currently reading

Published by Centre for Applied Social Sciences in Windhoek, Namibia .
Written in English

    Places:
  • Namibia.
    • Subjects:
    • Customary law -- Namibia.,
    • Forestry law and legislation -- Namibia.

    • Edition Notes

      Other titlesCustomary law in Namibia : development and perspective ; Namibia : customary land law and the implications for forests, trees, and plants : (final reort), Namibia : customary land law and the implications for forests, trees, and plants.
      StatementManfred O. Hinz assisted by Santos Joas.
      SeriesNamibia papers., no. 33
      ContributionsJoas, Santos., Hinz, Manfred O., 1936-, Food and Agriculture Organization of the United Nations., Food and Agriculture Organization of the United Nations.
      Classifications
      LC ClassificationsKSY449.3 .H56 1996
      The Physical Object
      Pagination238, 61 p. ;
      Number of Pages238
      ID Numbers
      Open LibraryOL341042M
      LC Control Number97980552

      Constitution of Namibia. Constitution of Tanzania. Constitution of Uganda. Constitution of Zambia Constitution of Zimbabwe amendment of. other provisions. legitimacyof child born during subsistence of customary law marriage - name of child born out of wedlock. parent of child arrested by police. pendente lite. registration of birth.


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Customary law in Namibia by Manfred O. Hinz Download PDF EPUB FB2

Description: Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Nama, Ovaherero, Ovambanderu, and San communities. Marriage and customary law in Namibia (Namibia papers) [Heike Becker] on *FREE* shipping on qualifying offers.

Customary law in Namibia: development and perspective Namibia papers: Working documents: Authors: Santos Joas, Centre for Applied Social Sciences (Windhoek, Namibia) Editor: Manfred O. Hinz: Edition: 2: Publisher: Centre for Applied Social Sciences, Length: pages: Subjects: Customary law Forestry law and legislation: Export Citation: Customary law in Namibia book EndNote RefMan.

Customary law in Namibia: development and perspective ; Namibia: customary land law and the implications for forests, trees, and plants: (final reort), Namibia: customary land law and the implications for forests, trees, and : Bibliography Includes bibliographical references. Included Work Hinz, Manfred O., Namibia: customary land law and the implications for forests, trees, and plants.

Marriage and customary law in Namibia Issue 30 of Namibia papers: Working documents Issue 30 of Namibia papers: Authors: Heike Becker, Manfred O. Hinz: Publisher: Centre for Applied Social Sciences, Length: pages: Subjects. How customary law is made Article 66 of the Namibian Constitution says that the common law of Namibia which was in force on the date of independence remains in force, as long as it is not in conflict with the Constitution or any statutes.

Article 66 also. CUSTOMARY LAW Council of Traditional Leaders Act 13 of Summary: This Act (GG ) establishes the Council of Traditional Leaders referred to in Article (5) of the Namibian Size: KB. Customary law is defined as “the customary law, norms, rules of procedure, traditions and usages of Customary law in Namibia book traditional community in so far as they do not conflict with the provisions of the Namibian Constitution or any other statutory law applicable in Namibia” (Art.

by: 3. Defining customary law 12 Sources of customary law 15 Constitution 16 Legislation 16 Customs and practices 17 Case law 19 Commission reports 20 Textbooks written by legal and anthropology scholars 21 The status of customary law 22 The recognition of customary law AFRICAN CUSTOMARY LAW: AN INTRODUCTION Customary law in Namibia book CUSTOMARY LAW: AN INTRODUCTION Dr.

Peter Onyango (Dip, BA, BA, LIC, PHD) Published by LawAfrica Publishing (U) Ltd Office Suite No. 2 Plot 10A, Jinja Road (Opposite NEMA House) P.O. summary Customary Law Ascertained Volume 2 is the second of a three volume series in which traditional authorities in Namibia present the customary laws of their communities.

It contains the laws of the Bakgalagari, the Batswana ba Namibia and the Damara by: 1. The laws published in the book vary from Customary law in Namibia book very sophisticated document of the Mashi Traditional Authority, carefully weighing every traditional practice and customary law against the Namibian Constitution, Customary law in Namibia book a mere list of prices and offences, as delivered by the Mafwe Traditional Size: KB.

The customary law of the Owambo, Kavango and Caprivi Communities of Namibia was published by Kuiseb Publishers/Namibia Scientific Society in Our Customary law in Namibia book law recognizes two types of Marriage, ie the civil law marriages and the customary law marriages.

The former is solemnized under state law and Customary law in Namibia book consequences flowing therefrom are enforceable before a court of law and the parties duties and obligations are codified by the Married Person’s Equality Act 1 of (MPEA).

Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Customary law in Namibia book, Ovaherero, Ovambanderu, and San communities. Get this from a library.

Customary law in Namibia: development and perspective. [Manfred O Hinz; Santos Joas; Centre for Applied Social Sciences (Windhoek, Namibia)]. Customary law and intellectual property system: the issues What is customary law.

Defining and characterising “customary law” would itself be the subject of an extended study. The present study does not attempt to define “customary law”, but some general comments on its character may be g: Namibia.

A further two years of research into gender dimensions of customary law in northern Namibia (–14) included five months of fieldwork in Uukwambi Traditional Authority.

Both studies dealt with CJSs and attempts to engineer change in these systems. Very different means were employed in these attempts at reform, with highly divergent outcomes Cited by: 1. All over Namibia, there is a growing conflict between customary and civil law, as evidenced by Otja's case, with marginalized, often poor, defenceless widows unable to assert their rights in a system that seems to be increasingly taking advantage of them and their vulnerability.

The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence inNamibian legal practitioners, academics and students lecturing and studying law at the University of Namibia.

Customary law is practiced in many contexts -- by secular governments, religious sects and even sports. In Judaism and Islam, established custom can be considered a precedent to resolve a dispute brought before religious jurists who might otherwise find no precedent in the religion's holy texts to decide a g: Namibia.

relationship between international law, both customary and conventional, within the national legal sphere. 3 In a broader sense, the Constitution lays down conditions and circumstances under which international legal rules may operate within Namibian municipal Size: KB.

Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight Missing: Namibia.

Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities.

It contains the laws of the Nama, Ovaherero, Ovambanderu, and San : Paperback. assistant to the Ascertainment of Customary Law Project which falls under the auspices of the Human Rights and Documentation Centre of the Faculty of Law at the University of Namibia. [email protected] Customary Law Ascertained volume 11 1/20/16 PM.

The Justice Sector & the Rule of Law in Namibia. c The Justice Sector and This publication forms part of the series The Justice Sector and the Rule of Law in Namibia, which is jointly published by the Namibia Institute for Democracy (NID) and the Human Rights and Recognition of Customary Law File Size: KB.

African Customary Law, Customs, and Women's Rights MUNA NDULO* ABSTRACT The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary by: customary law must be in line with the principles in the Bill of Rights.

GUIDELINES EXAMPLE. The Bill of Rights protects the right to culture. But it also protects the right to equality and non-discrimination, and the right to dignity.

This means that the courts will have to measure customary law rulesFile Size: KB. The starting point for this book was research conducted within the Human Rights and Documentation Centre (HRDC) of the University of Namibia’s Faculty of Law in and The results of the research were presented at an Expert Workshop on Women and Custom held in Windhoek on 23 September   Inhe came to Namibia and assisted the Ministry of Justice in its projects to restructure the traditional administration of justice and to make an inventory of customary law.

He helped built the UNAM's Faculty of Law which was Namibia s first institution for legal education on Namibian soil, and served as its Deputy Dean and then later Dean. These developments are extension of art 66 of the Constitution which holds that both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.

GENERAL APPROACH: We recommend that Namibia’s approach to inheritance should be to retain a dual system which incorporates the positive aspects of customary law whilst at the same time ensuring respect for all constitutional rights.

Customary Law Ascertained Volume 3 - The Customary Law of The Nama, Ovaherero, Ovambanderu, and San Communities of Namibia is the third volume in the Customary Law Ascertainment series of the University of Namibia’s Human Rights and Documentation Centre, through which traditional authorities in Namibia state the customary laws of their communities.

REPUBLIC OF NAMlBIA REPORT ON CUSTOMARY LAW MARRIAGES PROJECT 7 LRDC 12 Windhoek, Namibia October ISSN ISBN File Size: 2MB. Namibia has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).

The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution. As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law.

By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a. the Namibian Constitution, which recognises customary law, mandates that a dual system be perpetuation of such a system should not, however, reinforce historical divisions but.

In terms of the relevant law impacting on widows, s 68 (3) of the Administration of Estates Act [Chapter ] recognises a union contracted according to customary rites, notwithstanding that it has not been formally solemnised in terms of the Customary Marriages Act [Chapter ].As such, the absence of a marriage certificate is not at all fatal to the recognition of such a union when it Missing: Namibia.

The book launch was preceded by presentations from Ms. Fatimata Diallo of the University of Cape Town, Prof. Manfred Hinz, the Director of the Customary Law Ascertainment Project of the Faculty of Law at the University of Namibia and Inkosi S.

Mahlangu, Deputy Chair of National House of Traditional Leaders in South Africa. The Namibian approach to ascertaining customary law has become known pdf the self-statement of customary law.

Self-stating customary law refers to a process of ascertaining customary law by the owners of the law to be ascertained, namely the people and the traditional leaders as the custodians of customary by: 1.Customary Law Ascertained Volume download pdf is the second of a three volume series in which traditional authorities in Namibia present the customary laws of their communities.

It contains the laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. The recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective .African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides ebook clear introduction to African ebook law in South Africa.

The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law.