Malobolo

Abstract

Abstract provided by author

Like many other African countries, Namibia has undergone many changes since the attainment of independence. And with these changes come the acquiring of new and diverse cultures. The practise of giving malobolo is one that seems to be deeply rooted and a hard to die tradition. It has however over the year lost its true meaning and value and is highly misunderstood. It is my hope that this paper will be helpful in the formulation of proposals, which can be used as the basis to eliminate the confusion and misunderstandings on the issue of Malobolo

The question of Malobolo is a subject, which one can never avoid when one speaks of a customary union in the Caprivi Region. This paper focuses on the legal status of women in Basubia family law. The field research carried out for this paper focused on the traditionally coganic Basubia people. This paper is based on two phases of field research into the customary law marriages and the practice of Malobolo. It seeks to explore some of the problems associated with the changes in the practice of Malobolo. The general practice today seems to be that due to the fact that the system has become commercialised some people seem to draw a benefit out of the system at the expense of the newly weds. Despite this crippling fact it is generally acknowledged that the practice of giving Malobolo will continue to be a future practice

It emphasizes on the functions and meanings of Malobolo. The paper also includes a brief background material on marriages generally in Namibia and an examination of the position of customary marriage. In this light the present study should be seen in the context that it intends to contribute to the ongoing process of marital law reform in Namibia

The object of the paper is to establish whether there are any laws protecting women from abuse under the customary law system. This exposes the question whether there are any laws or forms of system in order to regulate the customary law

The focus in the paper is theoretical, leaving a wide area for more research in the future. My goal in this paper is to give greater clarity to the concept of malobolo.