Traditional governance and recognition

Abstract

Abstract provided by author

The Rehoboth Baster community consists of round about 30 000 - 35 000 members and is largely inhabiting the town of Rehoboth and surrounding farms and villages in central Namibia. On the 10th day of October 1992 the then Baster Kaptein (Chief) Diergaardt declared the Baster people as an indigenous people of the Republic of Namibia and therewith demanded all rights to which autochthonous and indigenous peoples are entitled to according to international practice and conventions

The Baster leadership also attempted to apply for recognition as a traditional group however their application was dismissed on the grounds that they do not possess communal land. In February of this year the new Baster Kaptein successfully joined the UNPO (Unrepresented Nations and Peoples Organization. Events since independence in 1990, the 1992 declaration, the dismissed application for traditional recognition and their membership to the UNPO prompted and motivated the author to pursue this topic. The basic question posed by the author is, what is the traditional status of the Baster community in a seventeen year old independent Namibia? The departure is from the meaning inherent in "Traditional Governance" and "Traditional Recognition". What do these concepts first of all mean in a Namibian legal context and secondly what does it mean for the Rehoboth Baster community? This paper operates from the assumption that being a nation built on customs, traditions and strong values, the Namibian Government is tasked with promoting and indeed ensuring the protection and profession of culture within Namibian society

As mentioned, in a Namibian legal context, the author took up the task to explore Namibian legislation that give meaning or that gives flesh to understanding Traditional Governance and Recognition. Here the author conducted a book research by consulting the Traditional Authorities Act since its conception in 1995 to its current form as from 2000. Other Namibian statutes consulted included the Namibian constitution, the Communal Land Reform Act and the Rehoboth-Self Government Act (as repealed

The author found that the legal system on the specific research subject has seen many changes. Changes that have mostly created an obstacle for traditional recognition of the Baster people. The second leg of the research statement and objective was to get an idea of what the Baster people wanted. The Baster community has at times after independence proclaimed their preference or idea of "self-determination". The author needed to establish whether the "traditional recognition" and the "traditional governance" sought by the Rehoboth Baster community encompassed the notion of self-determination. Also the aim was to find out whether the idea of a traditional authority for the Rehoboth Basters is widely supported amongst the community. To achieve this, the author undertook an empirical research conducting interviews with some community members in the town of Rehoboth. It became clear that the community is obviously devided on the issue. Some support the notion others regard the Baster people as almost distinct

The bottom line however remains that there are a traditional group with traditional roots, custom and values, and who wishes to be recognized as such. Should they as Namibians want to subscribe to the Namibian national laws then surely the Namibian State should work towards achieving this goal.