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Community Courts Act, 2003 (No. 10 of 2003).

Country/Territory
Namibia
Document type
Legislation
Date
2003
Source
FAO, FAOLEX
Original source
Government Gazette of the Republic of Namibia No. 3044 of 19 August 2003.
Long title
An Act to provide for the recognition and establishment of community courts; to provide for the appointment of Justices and for clerks and messengers of court; to provide for the application of customary law by community courts; to provide for the jurisdiction of and procedure to be adopted by community courts; to provide for appeals from community courts to other courts; and to provide for connected and incidental matters.
Subject
General
Keyword
Agricultural development Court/tribunal Legal proceedings/administrative proceedings Access-to-justice Traditional rights/customary rights Cultural heritage
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act provides with respect to recognition and establishment of Community Courts and proceedings before such courts. A traditional authority of a traditional community may apply in writing to the Minister for the establishment of a community court in respect of the area of that traditional community, but only if no court has been recognized or established under this Act for that area. A community court shall be presided over by one or more Justices appointed by the Minister. A community court shall have jurisdiction to hear and determine any matter relating to a claim for compensation, restitution or any other claim recognized by the customary law. If a community court entertains any doubt as to the existence or content of a rule of customary law relevant to any proceedings, it may take action as prescribed to ascertain customary law. A party to any proceedings in a community court who is aggrieved by any order or decision of that community court may appeal to the magistrate’s court.

Full text
English
Website
www.lac.org.na

References - Legislation

Implemented by

Regulations of Community Courts (No. 237 of 2003).

Legislation | Namibia | 2003

Keyword: Court/tribunal, Legal proceedings/administrative proceedings, Traditional rights/customary rights

Source: FAO, FAOLEX

Regulations of Community Courts (GN 237 of 2003).

Legislation | Namibia | 2003

Keyword: Agricultural development, Court/tribunal, Legal proceedings/administrative proceedings, Access-to-justice, Traditional rights/customary rights

Source: FAO, FAOLEX