In various African countries, governments are forced to accept and/or establish decentral structures in order to facilitate ways in which the poor sections of their population might gain influence on and access to development resources. Yet, there is confusion about the role and functioning of such decentral structures as well as about sustainable political approaches to the top down transfer of government power in the context of local agendas. The book highlights major aspects of the legitimacy of local power as presented by modern self-government structures as well as traditional communal authorities. Although the main focus is placed on Southern Africa (Namibia, South Africa, Botswana), examples from other regions (Ghana, Democratic Republic of the Congo) are also put into perspective. Contributors: B. Benzing, Th. Gatter, G. Hilliges, M. O. Hinz, H. Kammerer-Grothaus, B. Katjaerua, E. Okupa, N. Olivier, B. Oomen, H. Patemann, D. Quintern, D. Schefold, G. Stuby, G. Tötemeyer, Ö. Ülgen, M. Wulfmeyer.
Customary Law Ascertained Volume 1 is the first of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Owambo, Kavango, and Caprivi communities. Volume 2 contains the customary laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. Volume 3 contains the customary laws of the Nama, Ovaherero, Ovambanderu, and San communities. Recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities after consultation with the members of that community, and to note the most important aspect of such law in written form. This series is the result of that process. It has been facilitated by the Human Rights and Documentation Centre of the University of Namibia, through the former Dean of the Law Faculty, Professor Manfred Hinz.
This volume dedicates itself to the colonial past and liberalisation of Africa, a legal and political anthropology, the new legal architecture in modern Africa and miscellaneous themes. It intends, by alerting to the law from within societies, to deepen the understanding of the phenomenon of legal pluralism observable all the world"--Back cover.
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