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Property Law in Namibia (2nd edition)
Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classific...
Breaking the Colonial "Contract"
The book exposes various mechanisms and methods by which covert colonial mechanisms are employed to perpetuate colonialism, especially in Africa. Less overt and more covert perpetuation of colonialism is done through the use of networks. The main achievement of the initial phase of colonialism was the establishment of networks that are nefarious and omnipresent; constituting “distributed presence,” which allows for “action at a distance.” As a result, colonial subjects became willing participants in these processes, unbeknownst to them, which perpetuated their own colonialism. The book exposes forms of colonialism where manufactured consent is used to perpetuate colonialism. Trapped in this capitalist, Western, Christian language and moral world order without sovereignty, African countries continuously sink deeper into the colonial quagmire.
Social and Legal Theory in the Age of Decoloniality
Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence – portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states. Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New Worl...
The status of the implementation of the African Children’s Charter: A ten-country study
In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.
Dark Clouds on the Horizon:
This book brings to the fore some critical and fundamental issues plaguing the continent of Africa. It is a symbolic microcosm of challenging issues that Africa has and must address. Can Africa reverse the dark odds and can it move towards a united and integrated whole? The book explores the untold events and negative trends on the economic, social, political, humanitarian and environmental scene in Africa which leaves the international community perceiving Africa through darkened lenses. It tells the dark tragedy of a people ? the economy of alienation and disempowerment as it also injects an encouraging metaphor that the key to the solution of Africas perennial socio-economic-politico tran...
“Beggars on our own land ...”
In 1954, the Haillom people were evicted from Etosha by the South African-con-trolled South West African Administration. In 2015, the Haillom 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 Haillom 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-inde-pendence Namibian constitutional discourse. He assesses the Namibian land re form pr...
African Law(s)
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Transnational Land Grabs and Restitution in an Age of the (De-)Militarised New Scramble for Africa: A Pan African Socio-Legal
One of the fundamental challenges in deconstructing, rethinking and remaking the world from a Pan African vantage point is that some captives have tended to delight in the warmth of the [imperial] predator’s mouth. In other words, some captives forget that the imperial predator’s mouth gets warm because empire is eating and heating up from prey on the continent. (De-)Militarisation, Transnational Land Grabs and Restitution in an Age of the New Scramble for Africa: A Pan African Socio-Legal Perspective is a book that knocks on key aspects relating to land, militarisation, a PostAfrican World Order and a chaotic Post-God World Order, which require critical scholarly and policy attention in the quest to free Africa from centuries-old imperial depredations. The book carefully navigates the imperial entrapments which are designed to focus African attention only on decolonising African minds without also engaging in the [imperially more unsettling] decolonisation of African materialities.
Disserted
Disserted is a groundbreaking, comprehensive book that guides LL.B students on how to craft a first-class dissertation. It tackles head-on the triple crisis faced by law students in developing nations - a crisis of doubting, thinking, and writing This crisis manifests itself in the form of poorly written dissertations. This is the first book to show how to practically assemble a dissertation from the perspective of decoloniality. This makes Disserted uniquely suited to students from the Global South, considering that decoloniality empowers them to overcome the triple crisis. Indeed, its originality in presenting practical advice and decolonial theory sets this book apart from the handful of ...
REFORMA AGRARIA, LAND REFORM (+BAGI-BAGI TANAH)
Dr. Gunanegara’s book, “REFORMA AGRARIA, LAND REFORM (+BAGI-BAGI TANAH): PERGULATAN KONSEPSI DAN PERJALANAN UTOPIANISME,” offers an in-depth examination of land and agrarian reform, with a particular focus on Indonesia. Overview The book explores the historical and theoretical foundations of land reform, comparing practices and developments across Europe, Africa, Latin America, and Asia. Dr. Gunanegara uses these comparisons to highlight the unique challenges and opportunities Indonesia faces in implementing agrarian reform. Key Themes Historical Context: It provides a detailed history of land reform, tracing its evolution from classical to modern times. Comparative Analysis: The book ...
