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Current Projects of the Commission   

The Commission has the following  projects on its programme:  

1.                  Succession / Estates  (Project 6)  

The main issue to be handled under this project is the repeal of the remaining provisions of the Native Administration Proclamation (NAP), 1928 (Proclamation 15 of 1928). The remaining provisions of this statute have the unacceptable result that black persons from the northern parts of Namibia are still subject to a different regime with regard to matrimonial property natters and that the estates of those who die intestate are still not handled according to the Administration of Estates Act, (Act No. 66 of 1965). 

In June 2003, the High Court of Namibia in the ‘Berendt’ case (Case No. (P) A 105/2003), declared certain sections of the NAP to be in conflict with the Namibian Constitutions. The NAP is still deemed valid, until Parliament, which has until the 30^th June 2005 to remedy the defect, does so.  

A working document has been sent out to stakeholder for comment and discussion, before the deadline of 30^th June 2005.   

The Commission has also submitted a Report on Uniform Default Matrimonial Property Consequences of Common Law Marriages for the repeal of sections 17(6) of the NAP. 

2.                  Publications (Project 8) 

This project relates to pornography and other objectionable obscene materials in their various manifestations, including the Internet. Attention will be focused on the Publications Act, 1974 (Act No. 42 of 1974); Indecent or Obscene Photographic Matter Act, 1967 (Act No. 37 of 1967) and parts of the Combating of Immoral Practices Act, 1980 (Act No. 21 of 1980).  and possible discussions. 

3.                  Codification of the Criminal Law (Project 11) 

This project emanated from the Round – table discussion on the Codification of the Criminal Law that was held on the 18^th March 1998. After an Expert’s Hearing on the 5^th and 6^th November 1998, the Minister of Justice tasked the Commission with the project on codification of the Criminal law, during June 1999. Some progress has been made with regard to the drafting of the Draft (General Principles) Criminal Code. 

4.                  Compensation to Victims of Crime (Project 12) 

This project was however taken over the Ministry of Justice and incorporated into the new Criminal Procedure Act, 2004 (Act 25 of 2004). 

5.                  Criminal Defamation (Project 13) 

The need for this project emanated from the judgment in S v F (1967(3) 407 (SWA)), wherein it was held that the common law of written defamation does not exist any longer in Namibia.  

6.                Obsolete Statutes (Project 14)

The pre-independence statues were made in force by Article 140(1) of the Namibian Constitution in Namibia.

7.               Consumer Issues (Project 15)  

The project dates back to around February 2001, which indicates communication between Law Reform and the Ministry of Trade & Industry.

8.              Interpretation Act   

The Interpretation of statutes is presently governed by the Interpretation of Laws Proclamation 37 of 1920. This proclamation sets forth the rules of interpretation of statutes. This legislation has become outdated and is in need of urgent review for reasons of constitutionality, obsolescence and redundancy. 

There is no doubt that the ushering in of new constitutional order at independence in 1990 calls for a new Interpretation Act which will  reflect the changes brought about by the Constitution . 

An enquiry with the Directorate Legislative drafting has further revealed that the effective setting of uniform standards for drafting new legislation is also heavily dependant on the existence of the new Interpretation Act. 

A comparative survey of the position in Zimbabwe (Interpretation Act Ch: 1 :01) and the efforts currently being undertaken by the South-African Law Commission to revise Interpretation Act , 33 of 1957 would assist a lot in guiding our approach to this issue.

9.             Reforming: The Marriage Act   

10.            Broad-Based Economic Empowerment Reform

11.            HIV/AIDS Related Legislation   

12.            Access to Law  

13.            Customary Law  

14.            Project 9 on Cohabitation and Investigations   

Conclusion 

For any information regarding the activities of the Commission, direct your queries and or correspondence to the Secretary of the Commission at the following address, alternatively by E-mail.

The Secretary
Law Reform and Development Commission
Private Bag 13302
WINDHOEK
Republic of Namibia

E-mail:  lawreform@moj.gov.na