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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Legal dualism in Namibia: the present as history
Author:Theodoropoulos, Christos
Year:1982
Periodical:Eastern Africa Law Review
Volume:15
Pages:20-65
Language:English
Geographic term:Namibia
Subject:conflict of laws
Abstract:The establishment of colonial rule in South West Africa/Namibia gave rise to grave legal contradictions permeating all aspects of life. The division of the economy into two sectors - a money sector in the colonial enclaves inside the Police Zone, and a peripheral subsistence sector-cum-labour reserve in northern Namibia and the reserves - was reflected in the legal sphere. In the name of indirect rule, the metropolitan legal system (German, later Roman-Dutch law) was intentionally not extended in its entirety over Africans, to whom indigenous law was formally recognized as being applicable. To this end special courts for Africans, known as Bantu Affairs Commissioner's Courts, and Chief's Courts, were established. However, these courts have tended to administer 'native law' in such a way that it has become no more than an ossified institution. The present legal system in Namibia clearly requires drastic and extensive reform, in respect of both indigenous and received laws. The options open to the people of Namibia in choosing their postindependence legal system are discussed, preceded by an evaluation of the measures several independent African States have taken so far in their attempts to solve similar problems. Notes, ref.
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