Are the decisions of traditional authorities subject to the principles of natural justice

Abstract

abstract provided by author

Prior to independence and the period immediately after independence, the topic as regards traditional authorities was side lined and simply deemed as not being of primary importance

However as from 1994 the interest in these rural authorities amplified, as scholars, traditional leaders and senior government officials wanted to ascertain the future role that traditional authority is to play in regional and local government, and as partners in the 'governance of Namibia'. This interest in turn produced or amounted to the creation of statutes such as the Traditional Authorities Act, meant to clarify and regulate the functions duties and powers of these authorities

A lot has been written or presented on the issue of Traditional Authorities and in these writings it has been established that these rural rulers, do not form part of the hierarchy of state. However, my research has revealed that of the writings I could get a hold of, none of the writers looked at these entities from an administrative perspective, in other words, whether their actions can be viewed as amounting to administrative actions, subject to the principles of natural justice. Further more, with regard to traditional authorities there seems to be a vacuum in the Namibian Administrative law. For this reason, I decided to base my paper on this, as an attempt to study and fill the said vacuum.