https://digital.unam.edu.na/xmlui/handle/11070.1/17415 Thu, 09 Apr 2026 22:59:32 GMT 2026-04-09T22:59:32Z https://digital.unam.edu.na/xmlui/handle/11070.1/6009 In the new constitutional dispensation, how effective is the criminal justice with regard to the fair trail? Hangula, Donagene M. Abstract The reason for the existence of a criminal justice system is social control. The aim of the criminal justice agencies is to control crime, provide criminal justice and treatment of offenders, and hence, maintaining community safety.1 Imprisonment is contemporary society’s form of control and punishment. It is imposed for retribution, so that the offender suffers as well as the victim. It is done for the sake of deterrence, in the hope to instill fear of punishment in the potential offenders. It is also done for rehabilitation, under the assumption that offenders will not repeat their crimes. The Constitution of Namibia is the supreme law of the country and it provides for criminal justice system agencies, namely the establishment of three branches of law with the Legislator as the law maker; the executive passes the law and the judiciary interprets such laws. The criminal justice system is there to maintain the rule of law and justice for all. Social control through the criminal justice system entails the maintenance of balance between the citizens and law enforcement agencies regarding individual freedom and public safety. If this balance is successful, social order is established and public tranquility is maintained. However in the in the modern constitutional era, everything is measured up against the Constitution; there is much we want to achieve not just legally but socially as well. The Constitution provides for fundamental rights in Chapter 3 thereof. One of these rights is the right to a fair trial. The right to fair trial constitutes many aspects that need to be adhered to, before it can be said that, the right to a fair trial has been complied with to its full extent. It is true that fundamental rights in chapter 3 are idealistic; we would all like that it be the case, but experience has shown that in practice it is often not the case. Article 12 of the Constitution is very clear as to what must be complied with. The issue however is sub-article (1) (b), which in my view is not very clear; states that a trial shall take place within a reasonable time, failing which the accused shall be released. What constitutes the right to a fair trial within a reasonable time? Submitted hereby my dissertation in partial fulfillment of the Bachelor of Laws Degree (LLB). Thu, 10 Apr 2014 00:00:00 GMT https://digital.unam.edu.na/xmlui/handle/11070.1/6009 2014-04-10T00:00:00Z https://digital.unam.edu.na/xmlui/handle/11070.1/5324 The impacts of climate change on the rights of women and children Lotta Ambunda N. Final dissertation submitted in partial fulfilment of the requirements for the Degree of Bachelor of Laws Fri, 01 Jan 2010 00:00:00 GMT https://digital.unam.edu.na/xmlui/handle/11070.1/5324 2010-01-01T00:00:00Z https://digital.unam.edu.na/xmlui/handle/11070.1/5319 The incogruity of poverty in the midst of oil wealth Nkomo Chermaine Abstract provided by author; Several American and foreign petroleum companies including Chevron, Texaco, and Exxon are active Nigeria. North American companies have never been prohibited from operating in the country. The former British colony is one of the world's largest oil producers, but the industry has produced unwanted side effects. The trade in stolen oil has fuelled violence and corruption in the Niger delta, the home of the industry. Few Nigerians, including those in oilproducing areas, have profited from the oil wealth; Although Nigeria has ratified various international laws and has in place national laws pertaining to corruption, this has not eliminated the problems Nigeria is facing. The paper will aim to look at how the oil trade sectors in Nigeria tend to be unfair towards the less privileged, and to look at who are the people really benefiting from all the wealth because it is quite clear that there is a great imbalance of power between developed and developing countries. In other words, why are countries so rich in oil so poor? This dissertation begins with a history of Nigeria in relation to oil trade in the country and how this industry has devastated not only the environment but also the lives of many Nigerians, the Ogoni tribe in particular. The second chapter will focus on the Ogoni tribe of Nigeria who have suffered countless Human Rights violations because of the lack of rights adequate rights they have. Nigeria at the time was under military rule which is adverse to rule of law through its subordination of the constitution, sacking of the legislature, and stifling of the judiciary. Despite the existence of the Constitution and democratic institutions during civilian regimes, the rule of law provisions remained largely unimplemented. The chapter will also show how the Ogoni have attempted to overcome this difficulty with their own laws. The third chapter will look at the Human Rights aspects, critically examining the law and cases in Nigeria in regard to this matter, this chapter is the longest and the most law oriented chapter and will focus on how laws although in place can tend to be inadequate. The dissertation in conclusion proposes a rule of law version which would guarantee management of resources for human development. It constitutes the following rudiments: supremacy of the law; equality before the law and the like A dissertation submitted in partial fulfillment of the requirement for the degree of Bachelor of Laws Fri, 01 Jan 2010 00:00:00 GMT https://digital.unam.edu.na/xmlui/handle/11070.1/5319 2010-01-01T00:00:00Z https://digital.unam.edu.na/xmlui/handle/11070.1/5323 How traditional leaders settle the disputes Amakali Letta Abstract provided by author; In the first chapter, the dissertation looks into the introduction, historical background of the problem, the thesis statement of the research problem, the relevancy of the chosen topic, the purpose of the topic, the literature review, to the question to be answered and the adopted methodology; The second chapter dealt with the history of Uukwaluudhi Traditional Authority, the process of trial and the complication of double punishment. The third chapter focuses on the views of the senior and junior chiefs and headmen concerned group and the view of members in favour. The final chapter will look at the possible solution, recommendations and the conclusion of the paper; In Namibia, Customary law courts are established by the Communal courts Act, 10 of 2003, to conduct both Civil and Criminal cases. Article 66 of the Namibian constitution recognizes customary law in the Namibia, which means that there are two legal systems operating in Namibia, such as customary law and general law. The research was done in order to determine how disputes are settled in Uukwaluudhi tribe and find out how they deal with the problem of double punishment. Double punishment is a practice that is common and practiced in Uukwaluudhi traditional court, and not only in Uukwaluudhi area, but also in other Oshiwambo speaking traditional courts. The research found out that double punishment is a payment that has to be made in cases of murder, Assault with intent to do grievous bodily harm, i.e. in case if one lost an eye or any part of the body during the fight, and culpable homicide, where someone has been killed in car accident. The traditional Authority courts in general have no jurisdiction to try serious cases like murder, rape, robbery with aggravating circumstances, and theft, where the value of the stolen property is so high; Compensation has to be done regardless whether the offender has been already convicted by the criminal court and served his sentence for the same offence. It can also be applied even though there was no verdict of guilty in respect of that offence, after serving a sentence or after the offender has been either discharged or acquitted, he or she has to be summoned to the traditional courts for compensation; In case of murder and culpable homicide, compensation has to be paid to the relatives of the deceased person; it can be in a form of money or cattle. Some payments have to be given to the Traditional Authority's fund. In a case where one loses his eye or any part of the body, payment has to be made to the victim himself. The issue is whether such double punishment is not contrary to Article 12 (2) of the Namibian constitution, if it did, then the inquiry is whether it would be possible to declare that practice invalid. One can say that since there is compensation in civil matters and its determination is conducted through civil proceedings, and civil remedies have been imposed before, just like other remedies in the law of delict, then there is no double punishment. All traditional courts in Namibia as a whole there are no prisons; therefore, the sentence is always in a form of compensation; Based on the premise of the above statements, this paper will look at the circumstances leading to the settlement of disputes under discussion, how the tribal courts settle disputes within its jurisdiction against the accused person, what types of cases are triable by the tribal court which cases the tribal court does not have jurisdiction to conduct them, and how do they punish a person who has already been punished by the state court, how do they secure the attendance of the accused persons and witnesses before the tribal court and what procedure to be taken in case the accused or witnesses fail to appear in court on the agreed date, and what is the impact of the constitution on the impeding issues. Moreover, the paper will consider whether double punishment can be reversed. Finally, the paper will consider whether the traditional authorities agree and know that such conduct is contrary to the constitution and need the attention of the Parliament to make the law in such regard; As far as Namibia as a whole, there is no known existence of an established system of customary law case nor restatements or codification in Namibia. What exists is a number of self-stated legal text by various traditional authorities which are more a reflection of the internal developments of traditional communities and the people's own views on what their law should be like1 Every community in Namibia does have their own laws which may differ in one way or another and thus the community courts Act authorizes the minister of Justice to make regulations to ensure proper dispatch and conduct of proceedings of community courts and provides that different regulations be made in respect of different community courts A dissertation submitted in partial fulfilment of the requirements for the degree of Bachelor of Laws Fri, 01 Jan 2010 00:00:00 GMT https://digital.unam.edu.na/xmlui/handle/11070.1/5323 2010-01-01T00:00:00Z