An Introduction to Namibian Law

An Introduction to Namibian Law
Author: Amor, S.K.
Publisher: University of Namibia Press
Total Pages: 490
Release: 2019-04-15
Genre: Law
ISBN: 9991642412

The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence in 1990, Namibian legal practitioners, academics and students lecturing and studying law at the University of Namibia (UNAM) still do not have a truly Namibian reference book. Instead, they rely heavily on legal literature from South Africa and other countries. An Introduction to Namibian Law is an attempt to bridge this gap by introducing law academics, lecturers and students to the most important aspects of Namibian law. It explains the origin of the country's law and looks at the various influences over the years. The book contains material covered in various UNAM courses, such as Jurisprudence, Introduction to Cases, Comparative Law, Constitutional and Administrative Law, Interpretation of Statutes, and Civil and Criminal Procedure. It also contains various extracts in support of legal arguments, in which legal concepts are illustrated and thoroughly explained, as well as sample legal forms. Full accounts of certain cases are included to give students of Namibian law a depth of understanding of how Namibian law has been applied over the years.

The Law of Pre-Trial Criminal Procedure in Namibia

The Law of Pre-Trial Criminal Procedure in Namibia
Author: Mapaure, Clever
Publisher: University of Namibia Press
Total Pages: 528
Release: 2016-01-29
Genre: Law
ISBN: 9991642234

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, 1977 (Act No. 51 of 1977) as amended, which was originally passed by the legislature of South Africa, and still regulates criminal procedure in Namibia, the amendments to it since 1990, and relevant Namibian Case Law. The book captures and discusses the law relating to the pre-trial criminal process in Namibia in detail, from the roles of the prosecutor and the police, search, seizure and forfeiture, interrogation, notices and summons, arrest, court appearance, bail, criminal charges, disclosure, diminished capacity, right to assistance, to pleas and plea-bargaining.

Disserted

Disserted
Author: Dunia Zongwe
Publisher: African Books Collective
Total Pages: 316
Release: 2023-09-30
Genre: Law
ISBN: 9956553182

Disserted is a groundbreaking, comprehensive book that guides LL.B students on how to craft a first-class dissertation. It tackles head-on the triple crisis faced by law students in developing nations - a crisis of doubting, thinking, and writing This crisis manifests itself in the form of poorly written dissertations. This is the first book to show how to practically assemble a dissertation from the perspective of decoloniality. This makes Disserted uniquely suited to students from the Global South, considering that decoloniality empowers them to overcome the triple crisis. Indeed, its originality in presenting practical advice and decolonial theory sets this book apart from the handful of guides on LL.B dissertations. Existing resources and manuals are filled with generalities and lack in practicality. Written in student-friendly prose, its 23 chapters cover a wide range of topics. including research proposals, topic selection, purpose and problem statements. literature reviews, digital tools and models powered by artificial intelligence (AI), the basics of legal prompt engineering, plagiarism, grammar, and research methods. Each chapter offers secrets and deep insights, drawing from the author's extensive experience in supervising LL.B dissertations and research papers, notably in Southern Africa and India. Though primarily targeting LL.B students, Disserted also serves as an essential companion and indispensable resource for supervisors, law professors, jurists, and anyone interested in unraveling the complexities of writing dissertations. Overall, Disserted underscores the importance of structured dissertation writing coupled with a decolonized research approach that subverts dominant perspectives, exposes the role of Al and technology in entrenching the coloniality of knowledge, and fosters a broader understanding of law.

Making Markets Work for Africa

Making Markets Work for Africa
Author: Eleanor M. Fox
Publisher:
Total Pages: 249
Release: 2019
Genre: Business & Economics
ISBN: 0190930993

This is a book on market law and policy in sub-Saharan Africa. It shows how markets can be harnessed by poorer and developing economies to help make the markets work for them: to help them integrate into the world economy and raise the standard of living for their people while preserving their values of inclusive development. It studies particular countries and particular regions, delving deeply into the facts.

Arbitration in Africa

Arbitration in Africa
Author: Lise Bosman
Publisher: Kluwer Law International B.V.
Total Pages: 693
Release: 2021-09-02
Genre: Law
ISBN: 9403537612

The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.

Combating Election Irregularities in the 21St Century

Combating Election Irregularities in the 21St Century
Author: Carl W. Dundas
Publisher: AuthorHouse
Total Pages: 262
Release: 2015-05-26
Genre: Political Science
ISBN: 1504940377

This work aims to promote the concept of reducing the incidence of election irregularities and requiring less intervention by the court or similar disputes resolution mechanisms. The essence of this new approach is to place much greater emphasis on drastically reducing errors through noncompliance with electoral laws and particularly rules, regulations, and directives, which result in election irregularities. This approach may require greater clarity in drafting election rules and regulations as well as more intense monitoring and warning systems developed by EMBs to ensure a high degree of accuracy in the preparation and polling processes. This concept proceeds on the basis that, in general, election stakeholders wish to see the genuine results of the democratic process without diversions to the court or similar assistance being brought into action.

“Beggars on our own land ...”

“Beggars on our own land ...”
Author: Willem Odendaal
Publisher: African Books Collective
Total Pages: 274
Release: 2024-03-27
Genre: Political Science
ISBN: 390692761X

In 1954, the Haillom people were evicted from Etosha by the South African-con-trolled South West African Administration. In 2015, the Haillom filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. "Beggars on our own land ..." unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Haillom people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands? Odendaal goes into detail how the Tsumib case materialised under the post-inde-pendence Namibian constitutional discourse. He assesses the Namibian land re form programme and its oversight in dealing with historical land dispossessions. He inspects Haillom "identity" and how it was used to strengthen their case. He concludes with an examination of Namibia's outdated and restrictive legal frame-work, which ultimately denied the Haillom people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Haillom people's ancestral claims.

Criminal Law Reform and Transitional Justice

Criminal Law Reform and Transitional Justice
Author: Lutz Oette
Publisher: Routledge
Total Pages: 328
Release: 2016-05-13
Genre: Political Science
ISBN: 1317157907

Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.

Exploring Best Electoral Practices

Exploring Best Electoral Practices
Author: Carl W. Dundas
Publisher: AuthorHouse
Total Pages: 341
Release: 2015-04-21
Genre: Political Science
ISBN: 1504940393

The family of best electoral practices is growing in most democracies. It can be found in mature and new, as well as in emerging democracies, perhaps more common in the former than in the latter two categories. The goal of best electoral practices is to improve election administration and services to the electorate. Best electoral practices are showing steady upward growth in emerging democracies and the potential for continued growth is positive. Widespread international interest in democratic elections and improved international and national election observation harmonization procedures will continue to assist in improving election administration. The use of electoral technologies and the notional entry into the age of digital democracy will undoubtedly aid and enhance best electoral practices aspirations in many emerging democracies.