The Constitution in the Twenty-First Century: Perspectives on the Context and Future of Namibia's Supreme Law
Namibia’s Constitution is a remarkable achievement. It was put together by 72 elected members of the Constituent Assembly in just 80 days in late 1989 and early 1990. Many of these Assembly members had been sworn enemies up until the Namibian transition process got underway in April 1989 under the auspices of the United Nations. The Constitution that emerged from this process has been widely hailed as being one of the most progressive in the world. Since Namibia’s independence on March 21 1990, the supreme law has served the country well. Controversies have arisen, not least over the land issue and the death penalty, and several amendments have been made – but overall, the Constitution has stood the test of time over Namibia’s first two decades as a sovereign nation. The Constitution in the 21st Century: Perspectives on the Context and Future of Namibia’s Supreme Law provides an accessible overview of how the Constitution was formed and analyses how its Bill of Rights has been applied. In addition, the prospects for the Constitution are assessed in a series of interviews with young Namibian leaders. Interspersed throughout are the comments of ten of the lawmakers who served in the Constituent Assembly on the challenges they faced, the most important features of the Constitution, and how the supreme law might fare in the future. This volume can serve as a civic education handbook on the Constitution and for this purpose discussion pointers and exercises are included throughout. It is hoped that The Constitution in the 21st Century can play an important role in making sure that more Namibians can take pride in their supreme law and most importantly express and live out its fundamental values and principles. ISBN: 978-99945-72-38-0
Namibia Institute for Democracy, Institute for Public Policy Research
http://www.nid.org.na/images/pdf/democracy/The_Constitution_in_the_21st_century.pdf
Namibia Institute for Democracy (NID) and the Institute for Public Policy Research (IPPR)
2011
© Namibia Institute for Democracy & Institute for Public Policy Research, 2011
PDF
English
The Justice Sector and Rule of Law in Namibia: Framework, Selected Legal Aspects and Cases
This publication forms part of the series The Justice Sector and the Rule of Law in Namibia, which is jointly published by the Namibia Institute for Democracy (NID) and the Human Rights and Documentation Centre (HRDC), which is based in the Faculty of Law at the University of Namibia (UNAM). The series comprises three publications: Framework, Selected Legal Aspects and Cases; Management, Personnel and Access; and The Criminal Justice System. It has been published within the scope of a corporate agreement between the NID and the Embassy of Finland, with the overall aim of strengthening the institutional, advocacy and anti-corruption capacity of civil society and selected government institutions. The series does not claim to be either comprehensive or without some rough edges; after all, the publications are the products of capacity building. Divergent views are reflected with the aim of providing the reader with an overview of the nexus where the rule of law intersects with the administration of justice and with the protection and promotion of human rights in general, and in particular of the rights of those most vulnerable within our society, such as women and children. The publication is intended to be useful for lawyers and non-lawyers alike. Long-term, sustainable economic and social development is dependent on democratic governance and the rule of law. A framework for the rule of law is essential for the effective regulation of the interactions and co-existence of citizens within a democracy. This series of publications comes at an important time for Namibia, which celebrated 20 years of independent nationhood in 2010. It is intended to describe the institutional arrangements in a constitutional democracy and to reflect on the quality of democracy in Namibia. The Open Society Initiative for Southern Africa (OSISA) conceptualised, initiated and supported this research project. The NID was assigned by the Africa Governance Monitoring and Advocacy Project, or AFRIMAP, to conduct the research in partnership with the HRDC.
Oliver C. Ruppel & Lotta N. Ambunda
http://www.nid.org.na/images/pdf/democracy/Framework_Namibian_Justice_Sector.pdf
Namibia Institute for Democracy
2011
© Namibia Institute for Democracy
PDF
English
The Justice Sector and Rule of Law in Namibia: Management, Personnel and Access
This publication forms part of the series The Justice Sector and the Rule of Law in Namibia, which is jointly published by the Namibia Institute for Democracy (NID) and the Human Rights and Documentation Centre (HRDC), which is based in the Faculty of Law at the University of Namibia (UNAM). The series comprises three publications: Framework, Selected Legal Aspects and Cases; Management, Personnel and Access; and The Criminal Justice System. It has been published within the scope of a corporate agreement between the NID and the Embassy of Finland, with the overall aim of strengthening the institutional, advocacy and anti-corruption capacity of civil society and selected government institutions. The series does not claim to be either comprehensive or without some rough edges; after all, the publications are the products of capacity building. Divergent views are reflected with the aim of providing the reader with an overview of the nexus where the rule of law intersects with the administration of justice and with the protection and promotion of human rights in general, and in particular of the rights of those most vulnerable within our society, such as women and children. The publication is intended to be useful for lawyers and non-lawyers alike. Long-term, sustainable economic and social development is dependent on democratic governance and the rule of law. A framework for the rule of law is essential for the effective regulation of the interactions and co-existence of citizens within a democracy. This series of publications comes at an important time for Namibia, which celebrated 20 years of independent nationhood in 2010. It is intended to describe the institutional arrangements in a constitutional democracy and to reflect on the quality of democracy in Namibia. The Open Society Initiative for Southern Africa (OSISA) conceptualised, initiated and supported this research project. The NID was assigned by the Africa Governance Monitoring and Advocacy Project, or AFRIMAP, to conduct the research in partnership with the HRDC.
John Nakuta & Faith Chipepera
http://www.nid.org.na/images/pdf/democracy/Management_Namibian_Justice_System.pdf
Namibia Institute for Democracy
2011
© Namibia Institute for Democracy
PDF
English
The Justice Sector and Rule of Law in Namibia: The Criminal Justice System
This publication forms part of the series The Justice Sector and the Rule of Law in Namibia, which is jointly published by the Namibia Institute for Democracy (NID) and the Human Rights and Documentation Centre (HRDC), which is based in the Faculty of Law at the University of Namibia (UNAM). The series comprises three publications: Framework, Selected Legal Aspects and Cases; Management, Personnel and Access; and The Criminal Justice System. It has been published within the scope of a corporate agreement between the NID and the Embassy of Finland, with the overall aim of strengthening the institutional, advocacy and anti-corruption capacity of civil society and selected government institutions. The series does not claim to be either comprehensive or without some rough edges; after all, the publications are the products of capacity building. Divergent views are reflected with the aim of providing the reader with an overview of the nexus where the rule of law intersects with the administration of justice and with the protection and promotion of human rights in general, and in particular of the rights of those most vulnerable within our society, such as women and children. The publication is intended to be useful for lawyers and non-lawyers alike. Long-term, sustainable economic and social development is dependent on democratic governance and the rule of law. A framework for the rule of law is essential for the effective regulation of the interactions and co-existence of citizens within a democracy. This series of publications comes at an important time for Namibia, which celebrated 20 years of independent nationhood in 2010. It is intended to describe the institutional arrangements in a constitutional democracy and to reflect on the quality of democracy in Namibia. The Open Society Initiative for Southern Africa (OSISA) conceptualised, initiated and supported this research project. The NID was assigned by the Africa Governance Monitoring and Advocacy Project, or AFRIMAP, to conduct the research in partnership with the HRDC.
John Nakuta, Assisted by Vincia Cloete
http://www.nid.org.na/images/pdf/democracy/Criminal_Justice_System_Namibia.pdf
Namibia Institute for Democracy
2011
© Namibia Institute for Democracy
PDF
English
Who Should Own the Land? Analyses and Views on Land Reform and the Land Question in Namibia and Southern Africa
A selection of views on and analyses of land reform and the land issue in Namibia. Edited Volume by Justine Hunter of the NID. Contributions Willie Breytenbach Ben Fuller Colleen Muchinarwo Gwari Oliver Horsthemke Justine Hunter Uazuva Kaumbi Willem Moore Dirk Mudge Lloyd Mambo Sachikonye Robin Sherbourne Wolfgang Werner Interviews Alfred Angula Jan de Wet Hon. Marco Hausiku Risto Kapenda Hon. Hifikepunye Pohamba
Justine Hunter (ed.)
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2004
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
Legal analysis of farmland expropriation in Namibia
Legal opinion on the expropriation of commercial farmland, focusing on the terms ‘national interest’ and ‘just compensation’. 1 Introduction 2 The right to property (Article 16 (1) of the Namibian Constitution) 3 Expropriation for public interest (Article 16 (2) of the Namibian Constitution) 3.1 Public interest under international law 3.2 Public interest under South African and comparative constitutional law 3.3 Application of international and comparative criteria to Namibian law 3.3.1 Expropriation of under-utilised land 3.3.2 Expropriation of excessive land 3.3.3 Expropriation of land owned by foreigners 3.3.4 Expropriation of absentee landlords’ land 3.3.5 Expropriation on the basis of mistreatment of workers 3.4 Limitation of fundamental rights and freedoms (Article 22 of the Namibian Constitution) 3.5 Summary of expropriation for public interest 4 Just compensation 4.1 Compensation in terms of the Namibian Constitution and the Agricultural (Commercial) Land Reform Act 4.2 Compensation according to international law 4.3 Compensation according to South African law 4.4 Application of the criteria to Namibian law 4.4.1 Market value 4.4.2 Expropriation-related inflation and deflation 4.4.3 Balancing test 4.4.4 Compensation of foreigners 5 Manner and time of payment 6 Procedure 7 Conclusion
Christina Treeger
http://www.nid.org.na/images/pdf/analysis_views/Legal_analysis_of_farmland_expropriation_in_Namibia.pdf
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2004
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
On the record: Political party representatives challenged - Part 1: Political Platforms
Based on questionnaires that constitute the basis of in-depth interviews with party representatives. 1 Introduction 2 Methodology 3 Section 1 of the questionnaire: Government 3.1 Decentralisation 3.2 Government efficiency 3.3 Government corruption 3.4 Transparency 4 Section 2 of the questionnaire: External relations 4.1 The United Nations 4.2 The African Union 4.3 New Partnership for Africa’s Development 4.4 The Southern African Development Community 5 Section 3 of the questionnaire: Democracy 5.1 Individual rights 5.2 Group rights 5.3 Constitutionalism 5.4 Democratic rule 5.5 Participation 5.6 Opposition
Justine Hunter
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2004
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
On the record: Political party representatives challenged - Part 2: Economic Programmes
An examination of economic issues that are generally omitted by political party manifestos. 1 Introduction 2 Size of government and fiscal policy 3 Government ownership in economy 4 Labour, poverty and welfare 5 Trade and economic integration 6 Conclusions 7 References
Robin Sherbourne
http://www.nid.org.na/images/pdf/analysis_views/Political_party_representatives_challenged_2.pdf
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2004
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
Land and landscape in Herero oral culture: Cultural and social aspects of the land question in Namibia
1 Introduction 2 The area around the Waterberg in Herero oral tradition 3 The “oral character” of the Waterberg area 4 Interpretation 4.1 The mountain itself: Fauna, flora and natural resources 4.2 The surrounding landscape: Wells and settlements 4.3 People and cattle: A landscape of pastures 4.4 The living and the dead: Graves and ancestral land 4.5 Venues of the 1904-1908 wars: The political dimension of landscape 5 Conclusion 6 References
Larissa Förster
http://www.nid.org.na/images/pdf/analysis_views/Land_and_landscape_in_Otjiherero_oral_culture.pdf
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2005
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English, Otjiherereo
Regional Councils and Decentralisation: At the Crossroads
A review of the progress made by the decentralization policy and of Regional Council’s track records. 1. Introduction 2. Historical context 3. The implementation phase 3.1 Progress since 2000 3.2 Impediments in the way 4. Political considerations 5. Conclusions
Graham Hopwood
http://www.nid.org.na/images/pdf/analysis_views/Regional_Councils_and_decentralization.pdf
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2005
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
Prostitution in Windhoek, Namibia: An exploration of poverty
Merab Kambamu Kiremire
http://www.nid.org.na/images/pdf/analysis_views/Prostitution_in_Windhoek.pdf
Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
2007
© Namibia Institute for Democracy & Konrad-Adenauer-Stiftung
PDF
English
Guide to Civil Society in Namibia
In order to further strengthen civil society in Namibia and support the interaction between government and civil society, the NID compiled this guide to provide an overview of the mandate of NGOs and CSOs in Namibia, together with contact details and the sectors in which they are active. Organisations who responded to a questionnaire that was distributed and announced in the media are included. It is hoped that the guide will serve as reference tool to local and international development institutions and NGOs requiring information on the activities of civil society or looking for partners for specific programs in Namibia.
Theunis Keulder & Naita Hishoono
http://www.nid.org.na/images/pdf/ngo_management_training/Guide_to_Civil_Society.pdf
Namibia Institute for Democracy
2009
© Namibia Institute for Democracy
PDF
English