Abstract
The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.
Highlights
Research shows that both civil and administrative justice are delivered by many providers, such as, public courts, private legal services, formal and informal procedures, as well as traditional approaches
This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it
The codification of customary law has promoted the institution of traditional authority in Okombahe
Summary
Research shows that both civil and administrative justice are delivered by many providers , such as, public courts, private legal services, formal and informal procedures, as well as traditional approaches. Paralegals, traditional leaders, religious leaders, informal tribunals, and so forth.[1] Recent decades have demonstrated the continued relevance of customary law for the regulation of the lives of many African societies, in rural areas. In many of these societies, people navigate “family relations, access to natural resources and settlement of disputes through customary law”[2]. The Okombahe community is a small village located in the western dry mountains of the country It is isolated in a valley on the Omaruru river between the Erongo Mountains with a semidesert landscape, and has a population of roughly 3000 people.[58]. The ushering in of democracy in Namibia meant that the indigenous people could be incorporated into the State and how it governs.[36]
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
