Lahja Nashuuta
The advent of community court systems has created uncertainty, tension and insecurity among traditional leaders, who now feel their powers have been reduced.
This is according to the Parliamentary Standing Committee on Constitution and Legal Affairs, following its oversight visits to community and magistrates’ courts in the Kunene, Ohangwena, Omusati, Oshana, Zambezi and Otjozondjupa regions.
The report was tabled by committee chairperson Kletus Karondo in parliament last week.
It reveals that most traditional leaders are unhappy with the Community Court Act, which they blame for prohibiting them from arbitrating minor cases in the community.
Most headmen and chiefs, especially those from the northern part of Namibia, agree that their roles have now been reduced to a “window-dressing” exercise.
This, the committee found, is because they do not have the customary and traditional powers and functions they had before the promulgation of the community courts.
“Before the introduction of the community courts’ system, minor incidents and disputes among the rural communities were handled by the headmen, but the enactment of the community courts systems diminished the functions and powers of headmen,” the report reads.
Karondo informed Parliament the traditional leaders in the Ohangwena, Omusati and Oshana regions were of the view that their powers have now been diminished and weakened in terms of Section 26 of the Community Courts Act, which provides for lodging of appeals within 30 days to the magistrate only, and not the traditional authority.
Traditional leaders maintained there is an indirect abolishment of the powers and functions of the traditional leaders, which is a violation of Article 66 of the Namibian Constitution dealing with customary laws.
The report further indicates that Section 33 of the Community Courts Act has diminished the role of the headmen in the village, and made them irrelevant in the community they are supposed to serve.
As a result, headmen are no longer respected as they used to be in the past.
The traditional leaders further expressed their dissatisfaction that the function of allocation and cancellation of communal land was taken away from them in terms of the Communal Land Reform Act.
But when land disputes occur in the village, the same traditional authority is approached for redress.
Proposals
The committee has proposed the adjustment of the current N$120000 annual budget allocation to all community courts according to population size, geographical size of the area of jurisdiction, number of justices, assessors, clerks and mesagers.
Karondo said the budgetary allocation is not adequate for the communities to perform their functions, as provided in the Act.
“N$120000 per annum is simply not sufficient to cover office equipment, water and electricity payments as well as allowances and salaries.
Hence, there is a need to amend the allocation from time to time,” he said.
The committee further proposed an amendment to Section 8(a) to (d) of the Act, which states that “the person who is serving in the court may not be a political leader”.
According to the committee, the section is deemed to be discriminatory, compared to Parliament, whereby politicians serve all Namibians, regardless of their political affiliation.
The committee further said there is a need for the harmonisation of existing laws, especially the Police Act and the Community Court Act, to make specific provisions for the presence and assistance of the Namibian Police Force at community courts.
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