Customary Law Ascertained Volume 2 : the Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia. Volume 2, The customary law of the Bakgalagari, Batswana and Damara communities of Namibia / The customary law of the Bakgalagari, Batsw

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 communities. The recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities and to note the most important aspects of the laws in written form. The Ministry of Regional and Local Government, Housing and Rural Development, and the Council of Traditional Leaders therefore initiated the ascertainment of customary law. The ascertainment project is housed in the Human Rights and Documentation Centre of the University of Namibia. The former Dean of the Faculty of Law of the University of Namibia, Professor Manfred O. Hinz, has directed the project since its inception. The customary laws of the various traditional communities of Namibia were neglected during colonialism. Although held in high esteem by these communities, customary law was seen by colonialism to be second-class law, if law at all. The Constitution of the Republic of Namibia has changed this. Article 66 of the Constitution confirms the validity of customary law and places it at the same level of recognition as the colonially introduced Roman ; Dutch common law. At the same time, however, the reconfirmation of customary law by the Constitution acknowledges time that the laws of traditional communities are part of the law of the independent Republic of Namibia. This means that customary law is, like any other law of the country, subject to the Constitution, including the fundamental human rights and freedoms enshrined in it. Anthropological research informs us that customary law changes as the cultures in which customary law is founded develop. Legal scholars have learned to accept this, as well as that at least certain parts of customary law should be ascertained in order to ease access to such law for those who are not members of the respective traditional communities or lack knowledge of it for any other reason. It is against this background that the Council of Traditional Leaders resolved to call on all their communities to embark on projects of ascertaining their respective customary laws. The first responses to this call are contained here in the current Volume. The Documentation of customary law in this publication will contribute to the strengthening of the principle of the rule of law in Namibia, assist the courts in their application of customary law, and contribute towards the efforts by the communities themselves to continue in their commitment to serve as custodians of customary law. This publication results from the Customary Law Ascertainment Project hosted by the Human Rights and Documentation Centre in the Faculty of Law of the University of Namibia. The publication covers the laws of the 17 recognised northern traditional communities of Namibia. The ascertainment of the remaining 32 recognised traditional communities