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Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and artic...
Principles of Namibian Criminal Law
This book reveals the oil that greases the wheels of one of Africa's best criminal justice systems. Principles of Namibian Criminal Law distils the major principles that help people answer this one big, life-defining question: Is the accused guilty? In 14 chapters, this book discusses principles that govern matters such as punishment, criminal liability, causation, unlawfulness, culpability, participation in crimes, and incomplete crimes. Largely inherited from South Africa, the principles of Namibian criminal law emanate mostly from common law and case law. Particularly, case law has been the channel through which lawyers in Namibia have, since Independence on 21 March 1990, molded their ow...
International Law in Namibia
This book provides readers with the knowledge necessary to fully understand how international law carved the history and life of Namibia. It observes that Namibia has benefited from and contributed to international law in a way that shaped that country’s political and socio-economic development and to an extent that few other countries experienced. For many a year since Namibia achieved Independence on 21 March 1990 and established the Faculty of Law at the University of Namibia in 1992, students and lecturers have relied on materials from South Africa, despite the fact that Namibian law has since then grown apart from its South African heritage. It is high time for lecturers and students ...
“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia
In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “Beggars on our own land …” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform pr...
Orwell's Ghosts: Wisdom and Warnings for the Twenty-First Century
For the 75th anniversary of 1984, Laura Beers explores George Orwell’s still-radical ideas and why they are critical today. George Orwell dedicated his career to exposing social injustice and political duplicity, urging his readers to face hard truths about Western society and politics. Now, the uncanny parallels between the interwar era and our own—rising inequality, censorship, and challenges to traditional social hierarchies—make his writing even more of the moment. Invocations of Orwell and his classic dystopian novel 1984 have reached new heights, with both sides of the political spectrum embracing the rhetoric of Orwellianism. In Orwell’s Ghosts, historian Laura Beers considers...
The Engagement of Domestic Courts with International Law
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges ...
Writing in Times of Displacement
This book presents diverse, composite, non-exclusive and non-hierarchical perspectives on displacement of people as represented in literature. It examines the experiences of migration as a result of wars, natural disasters, religious strife, loss of livelihoods and shifts in local and global economies and the vulnerabilities they expose. Bringing together scholarly insights into literature about displacement and migration from Africa, Europe, Asia, and the Middle East, the book interrogates the development frames of Western modernity and situates displacement within the discourse of disenfranchisement of citizens by nation-states. It explores the experiences, memories and expressions of displacement in literature and how literary works critique ethical and moral responsibilities of states and communities that often do not account for the loss which displacement causes to the health, education, career, or relationships of displaced people. The volume will be of great interest to scholars and researchers of literature, philosophy, migration and diaspora studies, development studies, African studies and Asian studies.
The Workings of Human Rights, Law and Justice
Drawing on the personal experience of a leading international jurist, this book provides insights into the workings of international law and human rights from a global perspective that transcends the traditional divide between the West and the East, and the Global South and Global North. The work follows the author’s remarkable journey from a simple village in Nepal to becoming an international jurist acclaimed for his innovative academic and influential practical legal work and nomination for the Nobel Peace Prize. It offers insights into the powers bearing on international policymaking, the dynamics of human rights negotiations with governments, and the effects of their outcomes on the l...
The Law of Pre-Trial Criminal Procedure in Namibia
The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforc...
