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Customary law, the Constitution and Statutory law

International conference to mark the completion of the Customary Law Ascertainment Project of the Council of Traditional Leaders conducted by the Human Rights and Documentation Centre in the Faculty of Law of the University of Namibia.

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For the very first time the Konrad-Adenauer Foundation together with the Parliament of the Republic of Namibia hosted a unique international conference about Customary law, the Constitution and Statutory Law at the Parliament of Namibia on the 11th of February 2016.

Therefore the Chiefs of the Traditional Authorities came together to sit on a table with a large number of Minsters of the Parliament, Legal Drafters and Experts from Namibia, South-Africa and Germany to discuss the problems and challenges of the Traditional Authorities and to find a common solution for the way forward. This discussion was also attended by the German Ambassador Mr. Christian Schlaga and the Finish Ambassador Ms. Anna Saloranta.

Article 66 Section 1 of the Namibian Constitution guarantees that both the customary law and the common law of Namibia shall remain valid to the extent to which such customary or common law does not conflict with the Constitution or any other statutory law. That is why the customary law, which is followed by the traditional leaders cannot be ignored.

The conference was opened by the Hon. Speaker of the National Assembly Prof. Peter H. Katjavivi.

Thereafter Gaob Immanuel #Nu Axa /Gâseb (Deputy Chair: Council of Traditional Leaders), Dr. Bernd Althusmann (Resident Representative of the Konrad-Adenauer Foundation Namibia and Angola), Prof. John Baloro (Dean of Faculty of Law, UNAM), Ms. Fatimata Diallo (University of Cape Town), Inkosi S. E. Mahlangu (Deputy Chair: National House of Traditional Leaders, South Afirca), Prof. Manfred Hinz (Director of the Customary Law Ascertainment Project of the Faculty of Law of the University of Namibia) spoke to around hundred participants.

The launch of the book “Customary Law Ascertained Volume 3. The customary law of the Nama, Ovaherero, Ovambanderu, and San communities of Namibia”, edited by Prof. Manfred Hinz, assisted by Alex Gariseb was part of the conference.

The afternoon session of the conference was reserved for a panel discussion between the Traditional Authorities, the experts and Ministers of Parliament to discuss the way forward. This unique chance was benefited by the traditional authorities to call attention to their situation and to find a solution in a direct dialogue.

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Customary law conference KAS Namibia
Customary law conference KAS Namibia

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