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Customary and Traditional laws in Namibia
In Namibia, customary law comprises a traditional community’s customary law, norms, procedural rules, traditions and usages. It is valid only insofar as it does not conflict with the Namibian Constitution or other written or statutory law applicable in Namibia. 14
Traditional authorities must ascertain the customary law of their communities after consulting community members, assist in its codification, and administer and execute that law. They also have functions to preserve culture, language, traditions and traditional values, and to promote gender equality in leadership positions. 5
A traditional authority may hear and settle disputes between members of its traditional community under that community’s customary law, and may make customary laws. Members of traditional authorities must respect the culture, customs and language of persons living in their communal area who are not members of the community they lead. 6
The Civil Registration and Identification Act contains a definition of “laws governing customary laws in Namibia” that refers to the Traditional Authorities Act definition, but the supplied text indicates that phrase does not otherwise appear in that Act and may have been intended to concern customary marriages. The cited provision also refers to the Traditional Authorities Act as Act 25 of 2002, whereas the supplied Traditional Authorities Act is Act 25 of 2000. 23
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Traditional Authorities Act 25 of 2000
“customary law” means the customary law, norms, rules of procedure, traditions and usages of a traditional community in so far as they do not conflict with the Namibian Constitution or with any other written law applicable in Namibia;
Civil Registration and Identification Act 13 of 2024
“laws governing customary laws in Namibia” means customary law as defined in section 1 of the Traditional Authorities Act, 2002 (Act No. 25 of 2002); [The phrase defined here does not appear elsewhere in the Act. This definition may have been intended to refer to the “laws governing customary marriages in Namibia”, which is part of the definition of “customary marriage” above.]
Civil Registration and Identification Act 13 of 2024
“laws governing customary laws in Namibia” means customary law as defined in section 1 of the Traditional Authorities Act, 2002 (Act No. 25 of 2002); [The phrase defined here does not appear elsewhere in the Act. This definition may have been intended to refer to the “laws governing customary marriages in Namibia”, which is part of the definition of “customary marriage” above.]
Community Courts Act 10 of 2003
“customary law” means the customary law, norms, rules of procedure, traditions and usages of a 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;
Traditional Authorities Act 25 of 2000
(a) ascertain the customary law applicable in that traditional community after consultation with the members of that community, and assist in its codification; (b) administer and execute the customary law of that t raditional community; (c) uphold, promote, protect and preserve the culture, language, tradition and traditional values of that traditional community; (d) preserve and maintain the cultural sites, works of art and literary works of that traditional community; (e) perform traditional ceremonies and functions held within that traditional community; (f) advise the Council of Traditional Leaders in the performance of its functions as provided under Article 102(5) of the Namibian Const...
Traditional Authorities Act 25 of 2000
(c) to ensure that the members of his or her traditional community use the natural resources at their disposal on a sustainable basis and in a manner that conserves the environment and maintains the ecosystems for the benefit of all persons in Namibia; (d) to be ordinarily resident in the communal area of the traditional community which he or she leads, failing which such traditional leader may be removed from office, if he or she is a chief or a head of a traditional community, under section 8(1) or, if he or she is a senior traditional councilor or traditional councilor, in accordance with the applicable customary law, but a person who is not so resident at his or her designation and recog...