The Administration of Justice Proclamation No. 21 of 1919, enacted in South West Africa, holds significant historical and legal importance. 

This proclamation, particularly Section 1(1), established Roman-Dutch law as the common law of the protectorate. 

The clause specifies that the Roman-Dutch law, as it existed and was applied in the province of the Cape of Good Hope at the time of the proclamation’s coming into effect, would become the common law of the protectorate (South West Africa, present-day Namibia). 

Furthermore, it stipulated that any laws within the protectorate conflicting with the Roman-Dutch law would be repealed to the extent of such conflict, subject to the provisions of the section.

The implications of Proclamation No. 21 of 1919 are far-reaching, and have had a lasting impact on the legal landscape of what is now Namibia. 

The adoption of Roman-Dutch law as the common law of the protectorate has shaped the legal system, and continues to influence legal proceedings and jurisprudence in the region.

However, it is important to critically examine the historical context and implications of this proclamation. 

The call to decolonise the common law Roman-Dutch law in Namibia has been long-overdue. The historical roots of Roman-Dutch law in the region are intertwined with colonialism and its legacy, raising important questions about its relevance in a post-colonial and independent Namibia.

In considering the decolonisation of the common law Roman-Dutch law in Namibia, it is crucial to acknowledge the historical and social context in which this legal system was established. 

The colonial imposition of Roman-Dutch law reflects a broader history of subjugation and imposition of foreign legal systems on indigenous populations. 

As Namibia strives to assert its independence and sovereignty, it becomes imperative to re-evaluate the continued application of a legal system rooted in colonial history.

Decolonising the common law Roman-Dutch law in Namibia involves a multifaceted approach that encompasses legal, social and political dimensions. 

At its core, it requires a re-examination of legal principles and norms to align with the values and aspirations of an independent Namibia. 

This process necessitates a critical analysis of how Roman-Dutch law intersects with indigenous legal traditions and customary law, acknowledging the rich diversity of legal systems within Namibia.

Moreover, decolonisation entails addressing the power dynamics inherent in legal systems inherited from colonial rule. It demands a re-evaluation of legal institutions, processes and norms to ensure they are inclusive, equitable and reflective of Namibia’s diverse society. 

This includes promoting access to justice for all members of society, particularly marginalised and vulnerable groups, whose voices have historically been marginalised within the legal system.

Furthermore, decolonising the common law Roman-Dutch law in Namibia requires a re-examination of legal education and training. 

It necessitates a shift towards legal pedagogy that incorporates indigenous knowledge systems and perspectives, fostering a more inclusive and diverse legal profession. 

This entails not only rethinking curricula, but also promoting research and scholarship that reflects Namibia’s unique legal landscape.

In addition to these internal considerations, decolonising the common law Roman-Dutch law in Namibia also has international implications. It involves engaging international legal frameworks and standards, while asserting Namibia’s sovereign right to shape its legal system in accordance with its own values and aspirations. 

This includes advocating recognition and respect for Namibia’s legal autonomy within the global community.

Decolonising the common law Roman-Dutch law in Namibia is a complex and multifaceted endeavour that requires careful consideration of historical, legal, social and political factors. 

It is a process that necessitates meaningful engagement with diverse stakeholders, including legal professionals, scholars, policymakers  and civil society organisations. By undertaking this critical examination and reform, Namibia can reaffirm its commitment to justice, equality and self-determination.

The call to decolonise the common law Roman-Dutch law in Namibia is a pivotal step towards building a legal system that is reflective of Namibia’s unique history, values and aspirations. 

It is an opportunity to redress historical injustices, promote inclusivity and reaffirm Namibia’s sovereignty in shaping its legal landscape. 

By undertaking this process with diligence and dedication, Namibia can pave the way for a more just, equitable and inclusive legal system that resonates with its diverse society.

*Jesaya Clemente Nande Mukwambi is a law student at the University of Namibia.