CUSTOMARY LAW

Council of Traditional Leaders Act 13 of 1997

Summary: This Act (GG 1706) establishes the Council of Traditional Leaders referred to in Article
102(5) of the Namibian Constitution. It requires that any draft legislation pertaining to communal land
must be laid before the Council before it is introduced in the National Assembly. It was brought into
force on 31 March 1998 by GN 64/1998 (GG 1828).

Amendments: Act 31/2000 (GG 2462) amends sections 1, 3 and 14, and substitutes section 12.

Regulations: The Act makes no provision for regulations.

Appointments: Appointments of members of the Council are announced in GN 150/2009 (GG 4305),
GN 171/2014 (GG 5564), GN 188/2017 (GG 6373) GN 20/2020 (GG 7115), GN 216/2022 (GG 7869),
GN 291/2022 (GG 7917) and GN 191/2023 (GG 8130).

The Schedule to GN 171/2014 (GG 5564) is amended by GN 188/2017 (GG 6373). The Schedule to
GN 20/2020 (GG 7115) is amended by GN 216/2022 (GG 7869) and by GN 291/2022 (GG 7917).

Traditional Authorities Act 25 of 2000

Summary: This Act (GG 2456) provides for the election or recognition of traditional authorities and
sets forth their functions, duties and powers. It was brought into force on 17 May 2001 by GN 93/2001
(GG 2532).
Note that there are two versions of GG 2456. The correct one states at the top:
“This Gazette replace [sic] Gazette No. 2456 of 22 December 2000.”

Repeals: The Act repeals the Traditional Authorities Act 17 of 1995 (GG 1158), which repealed all
remaining provisions of the Native Administration Proclamation 15 of 1928 with the exception of
sections 17, 18, 23, 24, 25, 26 and 27.103

Savings Anything done under the Traditional Authorities Act 17 of 1995 which is not inconsistent with
the current Act survives in terms of section 20(3) of the current Act, which states:
Anything done under a provision of a law repealed by subsection (1) shall, in so far as it is not inconsistent
with any provision of this Act, be deemed to have been done under the corresponding or related provision,
if any, of this Act.

No regulations survive from the provisions of the Native Administration Proclamation 15 of 1928
repealed by the Traditional Authorities Act 17 of 1995; section 16 of the Traditional Authorities Act 17
of 1995 states:
Except for sections 17, 18, 23, 24, 25,26 and 27 of the Native Administration Proclamation, 1928,
(Proclamation No. 15 of 1928), and any regulations made under any of those sections, the rest of the
provisions of that Proclamation including regulations made under those provisions, are hereby repealed.

Regulations: Regulations concerning remuneration (made under the previous law) are contained in GN
246/1997 (GG 1741).

Regulations made under the new law are contained in GN 94/2001 (GG 2532).

Sections 7-16, 19-22, and 18(3)-(8) and (9)(c) of this Proclamation had been previously repealed by the Native
103

Administration Proclamation Amendment Act 27 of 1985 (OG 5147).

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Designations of traditional authorities and their office-bearers: Traditional authorities and
designations of their office-bearers under the previous law survive under this Act, in terms of section
20.

Designations of traditional authorities and traditional leaders recognised in terms of section 6(2)
of the previous Act are contained in GN 65/1998 (GG 1828), as corrected by GN 98/1998 (GG 1855)
and as amended by GN 99/1998 (GG 1855), GN 307/1998 (GG 2020), GN 113/1999 (GG 2130) and
GN 61/2001 (GG 2513). The traditional authorities established under the previous law were as follows
(in the order that they appear in the amended Government Notice):

1. Kavango Traditional Authorities

1.1 Mbunza Traditional Authority
1.2 Sambyu Traditional Authority
1.3 Gciriku Traditional Authority
1.4 Kwangali Traditional Authority
1.5 Mbukushu/Hambukushu Traditional Authority

2. Ovambo Traditional Authorities

2.1 Ondonga Traditional Authority
2.2 Uukwaluudhi Traditional Authority
2.3 Ongandjera Traditional Authority
2.4 Uukwambi Traditional Authority
2.5 Ombalantu Traditional Authority
2.6 Uukolonkadhi Traditional Authority
2.7 Oukwanyama Traditional Authority

3. Caprivi Traditional Authorities

3.1 Masubia Traditional Authority
3.2 Mafwe Traditional Authority
3.3 Mayeyi Traditional Authority
Regarding numbering, 3.3 was skipped in GN 65/1998, and the Mayeyi Traditional Authority
was listed as 3.4. This was corrected in the revised list in GN 307/1998 (GG 2020), and the
Mayeyi Traditional Authority is listed as 3.3 in all subsequent lists.

4. Damara Traditional Authorities

4.1 Damara Royal House Traditional Authority

5. Nama Traditional Authorities

5.1 Witbooi Traditional Authority
5.2 Bondelswart Traditional Authority
5.3 Soromaas Traditional Authority
5.4 Vaalgras Traditional Authority
5.5 Topnaar Traditional Authority
5.6 Blouwes Traditional Authority
5.7 Afrikaner Traditional Authority
5.8 Swartbooi Traditional Authority
5.9 Kai-//Kaun Traditional Authority

6. Tswana/Kalahari Traditional Authorities

6.1 Batswana Ba Namibia Traditional Authority
6.2 Bakgalagadi Traditional Authority

7. Mbanderu Traditional Authority

7.1 Mbanderu Traditional Authority

8. Herero Traditional Authorities

8.1 Kambazembi Royal House Traditional Authority
8.2 Zeraua Traditional Authority
8.3 Otjikaoko Traditional Authority

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 8.4 Vita Royal House Traditional Authority

9. San Traditional Authorities

9.1 !Kung Traditional Authority
9.2 Ju//hoan Traditional Authority

The following designated, or recognised the removal of, persons as chiefs or heads of traditional
communities in terms of the current Act:
Proc. 2/2002 (GG 2733)
Proc. 3/2002 (GG 2733)
Proc. 60/2004 (GG 3344)
Proc. 61/2004 (GG 3344), withdrawn by Proc. 13/2017 (GG 6373)
Note that the original GG 3344 was replaced by a subsequent corrected version.
Proc. 9/2006 (GG 3688)
Note that the original GG 3688 was replaced by a subsequent corrected version. The corrected
version states at the top: “This Gazette replace [sic] Gazette No. 3688 of 1 September 2006”.
Proc. 12/2008 (GG 4018)
Proc. 26/2008 (GG 4090)
Proc. 9/2009 (GG 4320)
Proc. 5/2010 (GG 4423)
Proc. 16/2011 (GG 4834)
Proc. 21/2013 (GG 5235)
Proc. 23/2013 (GG 5255)
Proc. 3/2015 (GG 5681)
Proc. 27/2015 (GG 5818)
Proc. 41/2015 (GG 5914)
Proc. 4/2016 (GG 6048)
Proc. 5/2016 (GG 6072)
Proc. 10/2016 (GG 6188), withdrawn by Proc. 1/2017 (GG 6217) and withdrawn again by
Proc. 15/2018 (GG 6680)
Proc. 1/2017 (GG 6217)
Proc. 13/2017 (GG 6373)
Proc. 16/2017 (GG 6384)
Proc. 12/2018 (GG 6627)
Proc. 15/2018 (GG 6680)
Proc. 28/2019 (GG 6965)
Proc. 29/2019 (GG 6965)
Proc. 31/2019 (GG 6973) (set aside by Witbooi & Others v Minister of Urban and Rural
Development & Others 2022 (2) NR 383 (HC))
Proc. 32/2019 (GG 6996)
Proc. 37/2019 (GG 7020)
Proc. 48/2021 (GG 7673)
Proc. 2/2022 (GG 7785)
Proc. 4/2023 (GG 8014).

After the current Act came into force, GN 65/1998 was further amended by the following (which also
designated various traditional authorities):
GN 63/2002 (GG 2733)
GN 64/2002 (GG 2733)
GN 68/2008 (GG 4018)
GN 181/2008 (GG 4090)
Note that this Government Notice erroneously states that GN 87/2006 (GG 3648) amends GN
65/1998. It names senior traditional councillors and traditional councillors, but does not amend
GN 65/1998. This mistake is repeated in subsequent notices.
GN 115/2009 (GG 4263)
GN 205/2009 (GG 4355)
GN 43/2010 (GG 4441)
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GN 110/2010 (GG 4490)
GN 242/2010 (GG 4596)
GN 33/2011 (GG 4671)
Schedule II(a) states that Item 5 of the index is amended by the substitution of “5.3 “!Aman
Traditional Authority” for subitem “5.3 Soromaas Traditional Authority”. There appears to be
an error in respect of the subitem that is being omitted, which should have referred to “5.3 /Ui-
≠gantes Traditional Authority”.
GN 149/2011 (GG 4783)
GN 199/2011 (GG 4816)
GN 86/2012 (GG 4912)
GN 133/2012 (GG 4952)
GN 185/2012 (GG 5000)
GN 283/2012 (GG 5079)
GN 96/2013 (GG 5174)
GN 195/2013 (GG 5249)
GN 317/2013 (GG 5349)
GN 335/2013 (GG 5373)
GN 71/2014 (GG 5467)
GN 119/2014 (GG 5528)
GN 32/2015 (GG 5681)
GN 97/2015 (GG 5757)
GN 171/2015 (GG 5803)
GN 271/2015 (GG 5878)
GN 1/2016 (GG 5927)
GN 138/2016 (GG 6048)
GN 268/2016 (GG 6166)
GN 6/2017 (GG 6222)
GN 147/2017 (GG 6329)
GN 169/2017 (GG 6356)
GN 280/2017 (GG 6445)
GN 35/2018 (GG 6528)
GN 129/2018 (GG 6637)
GN 223/2018 (GG 6709)
GN 304/2018 (GG 6778)
GN 94/2019 (GG 6903)
GN 260/2019 (GG 6996)
GN 21/2020 (GG 7115)
GN 130/2020 (GG 7238)
GN 149/2020 (GG 7266)
GN 272/2020 (GG 7378)
GN 325/2020 (GG 7428)
GN 95/2021 (GG 7529).
Note that some of the notices contain errors in respect of the numbers referenced for various
traditional authorities in the list of traditional authorities in GN 65/1998, as amended. The list
that appears below contains the correct numbering, based on the most recent full list of
traditional authorities (GN 181/2008, GG 4090) and specific amendments to the traditional
authorities on that list. (Some of the notices address only the designation of individuals as chiefs
or heads of traditional authorities and do not amend the underlying list of traditional authorities.)
GN 183/2021 (GG 7618)
GN 234/2021 (GG 7667)
GN 21/2022 (GG 7746)
GN 120/2022 (GG 7786)
GN 177/2022 (GG 7838)
GN 349/2022 (GG 7948)
GN 18/2023 (GG 8021).
Note that there are two versions of GG 8021. The correct version lists the Minister who issued
GN 18/2023 as “E Uutoni” rather than “U. Eutoni” as it appears in the incorrect version.

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 GN 153/2023 (GG 8099).

The following announced the appointments of senior traditional councillors and traditional
councillors in terms of section 10(5), without amending GN 65/1998:
GN 130/2004 (GG 3218)
GN 267/2004 (GG 3344)
Note that the original GG 3344 was replaced by a subsequent corrected version.
GN 87/2006 (GG 3648).

The current list of traditional authorities (from amended GN 65/1998) is as follows, in the order that
they appear in the amended Government Notice:

1. Kavango Traditional Authorities

1.1 Mbunza Traditional Authority
1.2 Sambyu Traditional Authority
1.3 Gciriku Traditional Authority
1.4 Kwangali Traditional Authority y
1.5 Mbukushu/Hambakushu Traditional Authority

2. Ovambo Traditional Authorities

2.1 Ondonga Traditional Authority
2.2 Uukwaludhi Traditional Authority
2.3 Ongandjera Traditional Authority
2.4 Uukwambi Traditional Authority
2.5 Ombalantu Traditional Authority
2.6 Uukolonkhadi Traditional Authority
2.7 Oukwanyama Traditional Authority
2.8 Ombadja Traditional Authority

3. Caprivi Traditional Authorities

3.1 Masubia Traditional Authority
3.2 Mafwe Traditional Authority
3.3 Mayeyi Traditional Authority
3.4 Mashi Traditional Authority

4. Damara Traditional Authorities

4.1 /Gobanin Traditional Authority
4.2 !Oe-≠gân Traditional Authority
4.3 /Khomanin Traditional Authority
4.4 /Gaio-Daman Traditional Authority
4.5 Tsoaxudaman Traditional Authority
4.6 ≠Aodaman Traditional Authority
4.7 Dâure Daman Traditional Authority
4.8 Nami-Daman Traditional Authority

5. Nama Traditional Authorities

5.1 Witbooi Traditional Authorities
5.2 Bondelswarts Traditional Authority
5.3 !Aman Traditional Authority
5.4 Vaalgras Traditional Authority
5.5 Topnaar Traditional Authority
5.6 Blowes Traditional Authority
5.7 Afrikaner Traditional Authority
5.8 Swartbooi Traditional Authority
5.9 Kai-//Kaun Traditional Authority
5.10 !Kar‘Khoe //Aes Traditional Authority
5.11 /Hai - /Khaua Traditional Authority

6. Tswana/Kalahari Traditional Authorities

6.1 Batswana Traditional Authority

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 6.2 Bakgalagadi Traditional Authority

7. Mbanderu Traditional Authority

7.1 Mbanderu Traditional Authority

8. Herero Traditional Authorities

8.1 Kambazembi Royal House Traditional Authority
8.2 Zeraua Traditional Authority
8.3 Otjikako Traditional Authority
8.4 Vita Royal House Traditional Authority
8.5 Maharero Royal House Traditional Authority
8.6 Kakurukouje Traditional Authority
8.7 Ovaherero Traditional Authority
8.8 Kapika Traditional Authority
8.9 Hoveka Traditional Authority

9. San Traditional Authorities

9.1 !Kung Traditional Authority
9.2 Ju/’hoan Traditional Authority
9.3 Hai-//om Traditional Authority
9.4 ≠Kao//’Aesi Traditional Authority
9.5 !Xoo Traditional Authority.

The relevant Government Gazettes use various inconsistent names and spellings for many of the
traditional authorities. Except in the case of specific amendments to the names, they appear
above as in the Government Gazette that last provided the full list (GN 181/2008, GG 4090).

Cases:
Mbanderu Traditional Authority & Another v Kahuure & Others 2008 (1) NR 55 (SC)
Adcock v Mbambo (A 87/2010) [2012] NAHCMD 35 (24 October 2012) (jurisdiction of traditional court
in terms of section 3 read together with section 1: definitions of “member” and “traditional
community”)
Kahuure & Another in re Nguvauva v Minister of Regional and Local Government and Housing and
Rural Development & Others 2013 (4) NR 932 (SC) (discusses procedure for designation of
Chief of Ovambanderu Traditional Community)
Nguvauva v Minister of Regional and Local Government and Housing and Rural Development & Others
2015 (1) NR 220 (HC) (section 5)
Hikumwah & Others v Nelumbu & Others 2015 (4) NR 955 (HC) (traditional authority as administrative
body in terms of Act; disciplinary procedure in respect of traditional councillors did not follow
procedural fairness); overturned on appeal, on basis of facts pleaded, in Nelumbu & Others v
Hikumwah & Others 2017 (2) NR 433 (SC)
Council of the Itireleng Village Community v Madi 2017 (4) NR 1127 (SC) (no locus standi of headman
appointed under Act in respect of voluntary association made up of members of community)
Kapika v Minister of Urban and Rural Development & Others 2018 (2) NR 432 (HC), overturned on
appeal by Kapika v Kapika & Others 2020 (3) NR 707 (SC) (sections 4, 5, 6, 8 and 12)
Haindaka v Minister of Urban and Rural Development & Others 2019 (4) NR 951 (HC) (succession
dispute between two clans; sections 4, 5, 6. 8 and 12)
Witbooi & Others v Minister of Urban and Rural Development & Others 2022 (2) NR 383 (HC)
(distinction between traditional authority and traditional council for purposes of section 5(1)(a))
Tsumib & Others v Government of the Republic of Namibia & Others 2022 (2) NR 558 (SC) (sections
3 and 16: traditional authority does not have exclusive competence to pursue claims relating to
the relevant ethnic group, especially against the Govenrment which pays the traditional
authority’s litigation costs, but the individual applicants in this case do not have locus standi to
sue as representatives of the community).

Commentary:
Heike Becker, “‘New Things After Independence’: Gender and Traditional Authorities in Postcolonial
Namibia”, 32 (1) Journal of Southern African Studies 29 (2006)

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Manfred O Hinz, “Traditional governance and African customary law: Comparative observations from
a Namibian perspective” in N Horn & A Bösl (eds), Human Rights and the Rule of Law in
Namibia, Macmillan Namibia, 2008, available here
Law Reform and Development Commission, Working Paper on Issues related to the Traditional
Authorities in the Ovawambo Communities, LRDC 22, 2012, available here
Manfred O Hinz, “The Traditional Authorities Act and the ‘mushrooming’ of traditional authorities”,
Namibia Law Journal, Volume 8, Issue 1, 2016
Office of the Attorney-General, “Frequently Asked Legal Questions”, Volume 2, May 2016, available
here (section 6.3: “Jurisdiction in Terms of the Traditional Authorities Act, 2000 (Act No. 25
of 2000), and the Community Courts Act, 2003 (Act No. 10 of 2003)”)
Office of the Attorney-General, “Frequently Asked Legal Questions”, Volume 3, April 2017, available
here (section 5.3 discusses the use of traditional titles (definition of “chief” in section 1 read
with section 11)
Bernadine Bertolini, “The Rehoboth Baster land dispute – Attempt by the Rehoboth Baster Community
to regain ownership of their ancestral land”, Namibia Law Journal, Volume 10, Issue 1, 2018.

COMMISSIONS
Commission of Inquiry into Matters relating to Chiefs, Headmen and other Traditional and Tribal
Leaders and Authorities (Proc. 3/1991, GG 176)
See also GN 32/1991 (GG 175).

SELECTED CASES
Kaputuaza & Another v Executive Committee of the Administration for the Hereros & Others 1984 (4)
SA 295 (SWA)
Moraliswani v Mamili, Supreme Court of SWA, 12 June 1985 (unreported judgement).
Ndisiro v Mbanderu Community Authority & Others, 1986 (2) SA 532 (SWA).
Pack v Muundjua & Others / Tjipetekera v Muundjua & Others, 1989 (3) SA 556 (SWA).
Kakujaha v Tribal Court of Okahitua, Supreme Court of South West Africa, 20 March 1989 (unreported
judgement).
Ex Parte Attorney-General, Namibia: In Re Corporal Punishment by Organs of State, 1991 NR 178
(SC)
S v Sipula 1994 NR 41 (HC).
S v Haulondjamba 1993 NR 103 (HC).
Makono v Nguvauva 2003 NR 138 (HC) (widow inheritance)
LM v JM & Others 2016 (2) NR 603 (HC) (in respect of constitutional challenge to customary law, need
to tender evidence to establish customary law and to establish unconstitutionality)
Witbooi & Others v Minister of Urban and Rural Development & Others 2022 (2) NR 383 (HC)
(customary law favouring members of patrilineal line over members of matrilineal line for
chieftainship would violate Art 10(2) of the Namibian Constitution).

COMMENTARY
H Becker, Gender Aspects of Traditional Authorities and Traditional Courts in a Democratic Society:
Examples from Northern Namibia. Windhoek: Centre for Applied Social Sciences, 1995
MO Hinz (assisted by S Joas), Developing Customary Law: Self-Stated Laws of Namibian Communities,
CASS Paper No 31, Windhoek, Centre for Applied Social Studies, 1995
Law Reform and Development Commission, The Ascertainment of Customary Law and the
Methodological Aspects of Research into Customary Law: Proceedings of Workshop, LRDC 2,
1995
TW Bennett, Customary Law and the Constitution, Law Reform and Development Commission, LRDC
3, 1996

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MO Hinz, “Family law in Namibia: The challenge of customary and constitutional law” in J Eeklelaar
& TN Hlapo (eds), The changing family: Family forms and family law, Oxford: Hart, 1998
Legal Assistance Centre, Proposals for Law Reform on the Recognition of Customary Marriages, 1999
Christiaan Keulder, “Traditional Leaders” in C Keulder (ed), State, Society and Democracy; A Reader
in Namibian Politics, Konrad Adenauer Stiftung, 2000, reprinted 2010, available here
MO Hinz (assisted by S Joas), Customary law in Namibia: Development and Perspective, CASS Paper
No 50, eighth edition, 2003, Windhoek, Centre for Applied Social Studies, 2003
D LeBeau, et al, Women’s Property and Inheritance Rights in Namibia. Windhoek: Gender Training
and Research Programme and University of Namibia, 2004
Law Reform and Development Commission, Report on Customary Law Marriages, LRDC 12, 2004,
available here
H Becker, “‘New Things after Independence’: Gender and Traditional Authorities in Postcolonial
Namibia”, Journal of Southern African Studies, 32 (1): 29-48, 2006
MO Hinz & JW Kwenani, “Ascertainment of Customary Law” in Manfred O Hinz and Helgard K
Patemann (eds), The Shade of New Leaves: Governance in Traditional Authority – A Southern
African Perspective, Windhoek: Centre for Applied Social Studies, 2006.
OC Ruppel (ed), Women and custom in Namibia: Cultural practice versus gender equality?, Konrad
Adenauer Stiftung, 2008, available here (reviewed by Chuma Himonga in Namibia Law
Journal, Volume 1, Issue 1, 2009, available here).
Manfred O Hinz, “Phase 1 of the Namibian Ascertainment of Customary Law Project to be completed
soon”, Namibia Law Journal, Volume 1, Issue 2, 2009, available here
OC Ruppel, “Women’s rights and customary law in Namibia” 3 (2) Journal of African and International
Law 259 (2010).
Manfred O Hinz (ed), assisted by Ndateelela E Namwoonde, Customary Law Ascertained, Volume 1:
The Customary Law of the Owambo, Kavango and Caprivi Communities of Namibia,
Windhoek: Namibia Scientific Society in association with the Human Rights and
Documentation Centre, Faculty of Law, University of Namibia, 2010 (reviewed by Nico Horn
in Namibia Law Journal, Volume 3, Issue 1, 2011, available here)
Manfred O Hinz (ed), assisted by Alexander Gairiseb, Customary Law Ascertained, Volume 2: The
Customary Law of the Bakgalagari, Batswana and Damara Communities of Namibia,
Windhoek: UNAM Press, 2013
Manfred O Hinz (ed), assisted by Alexander Gairiseb, Customary Law Ascertained, Volume 3: The
Customary Law of the Nama, Ovaherero and Ovambanderu, and San Communities of Namibia,
Windhoek: UNAM Press, 2015, available here
Manfred O Hinz, “The ascertainment of customary law: What is ascertainment of customary law and
what is it for? The experience of the Customary Law Ascertainment Project in Namibia”, 2 (7)
Oñati Socio-legal Series 85, 2012, available here
Manfred O Hinz, “The ascertainment of Namibian customary law completed: What has been done and
what lies ahead” in Nico Horn & Manfred O Hinz, eds, Beyond a Quarter Century of
Constitutional Democracy: Process and Progress in Namibia, Windhoek: Konrad Adenauer
Stiftung, 2017, available here
Manfred O Hinz, “Customary Law Ascertained – project completed?”, Namibia Law Journal, Volume
11, Issue 1, 2019.

See also Community Courts Act 10 of 2003 (COURTS).

See also Native Administration Proclamation 15 of 1928 (‘BLACKS’).

See also Communal Land Reform Act 5 of 2002 (LAND AND HOUSING).

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