... N. KANGOMBE, MANFRED KEIL, MICHAEL KIRK, CLEVER MA-PAURE, ANTHONY MILLS, ROBERT MUKUYA, NDATE... more ... N. KANGOMBE, MANFRED KEIL, MICHAEL KIRK, CLEVER MA-PAURE, ANTHONY MILLS, ROBERT MUKUYA, NDATEELELA EMILIA NAMWOONDE, JÖRG OVERMANN, ANDREAS PETERSEN, BARBARA REIN-HOLD-HUREK, UTE SCHNEIDERAT, BEN J. STROHBACH ...
Feelings of worth can flourish only in an atmosphere where individual differences are appreciated... more Feelings of worth can flourish only in an atmosphere where individual differences are appreciated, mistakes are tolerated, communication is open, and rules are flexible – the kind of atmosphere that is found in a nurturing family. Virginia Satir
After World War I, the Treaty of Versailles mentioned common labour standards, including the righ... more After World War I, the Treaty of Versailles mentioned common labour standards, including the right of association, wages for a reasonable standard of life, an eight-hour working day, the abolition of child labour, the equal remuneration of men and women, and equal rights for migrant workers. These calls for international workers’ rights as well as the formation of the International Labour Organisation (ILO) were a response to the threat of the capitalist system posed by the Russian revolution and Bolshevism. Amongst other things, these calls reflected an understanding that labour was not a commodity, and in any country across the globe, children were one of the important components of the social structure needing protection against social injustice. Any undue influence on the child forcing or burdening him/her to work could cause a severe disruption of the social fabric, thereby disabling the future advancement of society. In this light, both national and international law put restr...
Africa has an important role to play in a globalized world. However, as Africa moves into the pla... more Africa has an important role to play in a globalized world. However, as Africa moves into the playing field, most of its value systems and legal heritage are getting weather-beaten as African governments throw in the towel to forces of Western civilization and globalization. It is discernible that this attrition has occurred largely for the sake of expediency and convenience. With a special focus on African traditional philosophy of law, this paper shows that traditional African jurisprudential thinking has been sidelined as being anti-development or too archaic to promote development; or it has been subjected to the so called universal human rights norms and eroded. Implicit in this approach, and underlining the perception of African governments about traditional legal and value systems, is the evidence of a jurisprudence that remains too Eurocentric and legalistically state-centric; it denies that a postmodern, globality-focused legal scholarship is possible, provided modern Afric...
The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vert... more The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforcement officers, and the procedures of the courts in criminal cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces readers to the fundamental principles and values underlying Namibian criminal law, through a systematic examination of the provisions of the Criminal Procedure Act, 19...
The proclamation or declaration of local authority areas in communal areas in Namibia has recentl... more The proclamation or declaration of local authority areas in communal areas in Namibia has recently raised jurisprudential questions regarding the powers of both the central and traditional government structures. All communal lands in Namibia are under the jurisdiction of Traditional Authorities. This means that the declaration of local authority areas in communal land amount to a withdrawal of land from communal land, making such withdrawn land a local authority area. Thus, the declaration impacts directly on the powers and jurisdictions of Traditional Authorities. This paper considers the jurisprudential aspects of such declarations. From a legal-philosophical and anthropological perspective, the question whether traditional authorities have the jurisdiction over land that has been declared local authority area lies in the plurality of legal regimes and the concept of tradition versus modernity. The paper considers the power relationship between traditional and central government a...
... N. KANGOMBE, MANFRED KEIL, MICHAEL KIRK, CLEVER MA-PAURE, ANTHONY MILLS, ROBERT MUKUYA, NDATE... more ... N. KANGOMBE, MANFRED KEIL, MICHAEL KIRK, CLEVER MA-PAURE, ANTHONY MILLS, ROBERT MUKUYA, NDATEELELA EMILIA NAMWOONDE, JÖRG OVERMANN, ANDREAS PETERSEN, BARBARA REIN-HOLD-HUREK, UTE SCHNEIDERAT, BEN J. STROHBACH ...
Feelings of worth can flourish only in an atmosphere where individual differences are appreciated... more Feelings of worth can flourish only in an atmosphere where individual differences are appreciated, mistakes are tolerated, communication is open, and rules are flexible – the kind of atmosphere that is found in a nurturing family. Virginia Satir
After World War I, the Treaty of Versailles mentioned common labour standards, including the righ... more After World War I, the Treaty of Versailles mentioned common labour standards, including the right of association, wages for a reasonable standard of life, an eight-hour working day, the abolition of child labour, the equal remuneration of men and women, and equal rights for migrant workers. These calls for international workers’ rights as well as the formation of the International Labour Organisation (ILO) were a response to the threat of the capitalist system posed by the Russian revolution and Bolshevism. Amongst other things, these calls reflected an understanding that labour was not a commodity, and in any country across the globe, children were one of the important components of the social structure needing protection against social injustice. Any undue influence on the child forcing or burdening him/her to work could cause a severe disruption of the social fabric, thereby disabling the future advancement of society. In this light, both national and international law put restr...
Africa has an important role to play in a globalized world. However, as Africa moves into the pla... more Africa has an important role to play in a globalized world. However, as Africa moves into the playing field, most of its value systems and legal heritage are getting weather-beaten as African governments throw in the towel to forces of Western civilization and globalization. It is discernible that this attrition has occurred largely for the sake of expediency and convenience. With a special focus on African traditional philosophy of law, this paper shows that traditional African jurisprudential thinking has been sidelined as being anti-development or too archaic to promote development; or it has been subjected to the so called universal human rights norms and eroded. Implicit in this approach, and underlining the perception of African governments about traditional legal and value systems, is the evidence of a jurisprudence that remains too Eurocentric and legalistically state-centric; it denies that a postmodern, globality-focused legal scholarship is possible, provided modern Afric...
The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vert... more The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforcement officers, and the procedures of the courts in criminal cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces readers to the fundamental principles and values underlying Namibian criminal law, through a systematic examination of the provisions of the Criminal Procedure Act, 19...
The proclamation or declaration of local authority areas in communal areas in Namibia has recentl... more The proclamation or declaration of local authority areas in communal areas in Namibia has recently raised jurisprudential questions regarding the powers of both the central and traditional government structures. All communal lands in Namibia are under the jurisdiction of Traditional Authorities. This means that the declaration of local authority areas in communal land amount to a withdrawal of land from communal land, making such withdrawn land a local authority area. Thus, the declaration impacts directly on the powers and jurisdictions of Traditional Authorities. This paper considers the jurisprudential aspects of such declarations. From a legal-philosophical and anthropological perspective, the question whether traditional authorities have the jurisdiction over land that has been declared local authority area lies in the plurality of legal regimes and the concept of tradition versus modernity. The paper considers the power relationship between traditional and central government a...
To understand the Namibian Constitution, it is essential to look at the roots and its historical ... more To understand the Namibian Constitution, it is essential to look at the roots and its historical development. Thus, Chapter 1 outlines the pre-independence constitutional history and the formation of traditional governance. It is furthermore helpful to have some basic information on Namibia such as the formation of the State territory and its population. This information can be found in chapter 2 and 3
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