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Customary Law In Namibia: What Should Be Done?, Lynn Berat, Robert J. Gordon

Vanderbilt Journal of Transnational Law

In this Article, the authors discuss Namibia's dual legal system, inherited from the previous South African regime, in light of the new government's goal of national reconciliation. After a brief introduction, the authors in Part II address customary law on a theoretical level. They point out that the customary law emerging in Namibia during the colonial era was not a reflection of a true communal tradition, but rather was a tool used to control resources and to redistribute power.

In Part III, the authors review the history of the colonial system in Namibia. The German colonial authorities divided Namibia into …