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In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om 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 Hai||om 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-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court.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 Hai||om people’s ancestral claims.
Idasas Democracy Index initially developed for South Africa is being expanded into Southern Africa in an effort to broaden the capacity of individuals and organisations monitoring and supporting democratic governance efforts in the region. This inaugural Democracy Index for Namibia is intended to set a benchmark for democracy to be measured against. The tool assesses the countrys depth of democracy through five focus areas: participation, elections, accountability, political rights, and human dignity. The research relies on expert analysis to answer a set of questions that interrogate how closely, in practice, democracy meets the broad ideal of self-representative government. More specifically, to what extent can citizens control elected officials and government appointees who make decisions about public affairs? And how equal are citizens to one another in this accountability process? The purpose of the scores is to assist citizens in making their own judgements, based on the information made available, to stimulate national debate and to provide democracy promoters with a tool for identifying issues and needs that can be addressed by education, advocacy, training, institution building and policy revision.
Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classifications of things, real rights and personal rights, ownership and possession. Chapter 9 is devoted entirely to remedies, which is a departure from the norm, but where relevant, appropriate remedies are indicated in the specific parts of the text. In order to give prominence to Namibian property jurisprudence topics on the genesis of the land tenure systems of Namibia, land reform, and property rights of women in Namibia have either been dealt with in separate chapters or been included as parts of other chapters. This publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials