https://www.namibiadigitalrepository.com/files/original/1e6e47b8d717a78b71236f719bbdd9c8.pdf 9ce7cb88ccc90bbdfb08a6cde71ae6ac Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Legal Assistance Centre Description An account of the resource From the Legal Assistance Centre's Website: "The LAC's main objective is to protect the human rights of all Namibians. It is the only organisation of its kind in Namibia. It has a head office in Windhoek, Namibia's capital, along with two regional offices. It is funded by national and international donor organisations as well as individuals. Its work is supervised by the Legal Assistance Trust, whose trustees include legal practitioners, other professionals and community leaders. It works in five broad areas: <ul><li><a href="http://www.lac.org.na/about/default.html#litigation">Litigation</a></li> <li><a href="http://www.lac.org.na/about/default.html#info">Information and Advice</a></li> <li><a href="http://www.lac.org.na/about/default.html#education">Education and Training</a></li> <li><a href="http://www.lac.org.na/about/default.html#research">Research</a></li> <li><a href="http://www.lac.org.na/about/default.html#lawreform">Law Reform and Advocacy</a></li> </ul>Litigation The Legal Assistance Centre is a public interest law firm based in Windhoek.The LAC only takes on public interest cases. A public interest case is a legal case which will have a wider impact on the community than just assisting the individual concerned. Such a case may establish a new legal rule, which will change the law for the entire country or address a discriminatory policy or practice. Or it may attract attention to a problem that is affecting many people. Examples of cases taken up by the Legal Assistance Centre include: <ul><li>The right of a school learner to return to school after her child was born</li> <li>The right of an accused in a complicated criminal trial to obtain legal aid</li> <li>The right of a widow to keep the land she lived on during her marriage after the death of her husband</li> <li>The right of a HIV-positive person not to be dismissed from employment based on their HIV status</li> </ul>Even if we cannot help you with your case, we may be able to give you information on your rights and on steps you can take to help yourself. Legal Information and Advice We provide legal information and advice on human rights in the following areas: <ul><li><a href="http://www.lac.org.na/projects/alu/aluobjective.html">HIV/AIDS</a> - including advice on what to do if you are discriminated against, information on workplace policies, access to treatment for HIV.</li> <li><a href="http://www.lac.org.na/projects/grap/grapobjective.html">Gender Equality</a> - including information on rape, domestic violence, sexual harassment in the workplace, inheritance, marriage, divorce and maintenance.</li> <li><a href="http://www.lac.org.na/projects/huricon/huriconobjective.html">Human Rights and the Constitution</a> - such as the right to basic education, the right to health, citizenship, immigration issues and the right not to be tortured or ill-treated.</li> <li><a href="http://www.lac.org.na/projects/lead/leadobjective.html">Land, Environment and Development </a>- including inheritance, conservancies, illegal fencing, environmental issues, and issues affecting especially disadvantaged groups such as the Himba and the San.</li> </ul>If you want to speak to a paralegal about a legal issue you are concerned about, phone us at +264-61-22-3356 or come to the office at 4 Korner Street, Windhoek. The office is open from Monday to Friday, 08h00-11h30, and 14h00-16h00. Education and Training We also run training workshops for communities and service providers (such as legal officials, traditional leaders, school principals, police and social workers) on: <ul><li>Gender - friendly laws including rape and domestic violence</li> <li>Communal Land Reform Act and conservancy-related legislation</li> <li>HIV/AIDS and rights, including children’s rightsB</li> <li>Basic human rights training</li> </ul> Research The LAC also carries out research, particularly on the need for new laws and the implementation of existing laws. Some recent research reports which are available are: <ul><li>HIV/AIDS and Prisoners’ Rights in Namibia</li> <li>Infanticide & Baby Dumping in Namibia</li> <li>Land Reform: A look into Namibia's first court case on land expropriation</li> </ul> Law Reform and Advocacy We advocate for law reform based on our research. Recent laws which the LAC contributed to and advocated for are: <ul><li>Combating of Rape Act</li> <li>Combating of Domestic Violence Act</li> <li>Maintenance Act</li> <li>Non discrimination on the basis of HIV in the Labour Act</li> </ul>Free of Charge All our services are free of charge (with the exception of litigation where certain costs may be recovered the client may be asked to contribute certain costs, depending on the circumstances)." This collection showcases some of the free-download books, briefings, and documents from the LAC in Windhoek. Source A related resource from which the described resource is derived http://www.lac.org.na/ Rights Information about rights held in and over the resource © Legal Assistance Centre. Files directly from LAC website, all rights theirs Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Customary Laws on Inheritance in Namibia: Issues and Questions for Consideration in Developing New Legislation Description An account of the resource 1. GENERAL APPROACH: We recommend that Namibia’s approach to inheritance should be to retain a dual system which incorporates the positive aspects of customary law whilst at the same time ensuring respect for all constitutional rights. As a practical approach, to ensure equitable economic protection of vulnerable women and children, we propose transforming some inheritance issues into issues of maintenance. The following is a summary of the basic approach that we recommend. More detail and additional recommendations are included in Chapter 10 of the report. 2. DISTRIBUTION OF INTESTATE ESTATES: Allow for fragmentation of the estate, to make provision for inheritance by the surviving spouse(s) and children, and also the primary customary law heir or heirs (ie the person or persons who would otherwise have enjoyed preference based on their status within a particular kinship system). The definition of ‘customary law heir(s)’ must be worded in a broad and general manner to allow for differential application in different kinship systems. If there is no customary law heir (as in the case of families who do not follow customary law), then this aspect of the scheme would simply fall away. Other potential beneficiaries to whom the deceased would have owed a duty of support should not be included in the distribution scheme, but should claim maintenance from the estate if necessary. This wider pool of potential beneficiaries should be eligible to receive portions of the estate as heirs only in the absence of a surviving spouse and/or children. One advantage of this option is that it provides a uniform approach for all persons in Namibia, whilst still providing an avenue to respect the different customs of different communities. It might, however, be necessary to qualify such an approach by stating in the law that no discriminatory rules of customary law will be enforced by the state. 3. MAINTENANCE FROM THE DECEASED’S ESTATE: Provision should be made for dependants, based on their reasonable maintenance needs, to apply for maintenance within a prescribed period. Maintenance should be available to all dependents of the deceased whose reasonable maintenance needs are not adequately provided for by will or in terms of intestate succession rules. Dependants should be defined broadly to include the surviving spouse and children, as well as any other person who was actually dependant on the deceased at the time of the deceased’s death. Providing maintenance for dependents in this way would ensure that the most needy family members are provided for, and would probably avert many disputes about inheritance. 4. DEFINITION OF ‘SURVIVING SPOUSE’: It is recommended that the term ‘surviving spouse’ be defined broadly to include surviving partners in long-standing informal relationships and surviving partners in past or future polygamous marriages. 5. PROPERTY GRABBING: The proposed law should make property grabbing a criminal offence with stiff penalties, and provide restitution or compensation for the victim. 6. ADMINISTRATION OF ESTATES: We recommend that the Master’s Office be decentralised, and that the Administration of Estates Act 66 of 1965, appropriately amended, be made applicable to all estates. Creator An entity primarily responsible for making the resource Mercedes Ovis & Robert J Gordon Publisher An entity responsible for making the resource available Legal Assistance Centre Rights Information about rights held in and over the resource © Legal Assistance Centre, 2005 Format The file format, physical medium, or dimensions of the resource PDF Date A point or period of time associated with an event in the lifecycle of the resource 2005 Language A language of the resource English Source A related resource from which the described resource is derived http://www.lac.org.na/projects/grap/Pdf/custinh.pdf Inheritance Legal Assistance Centre Mercedes Ovis Robert J Gordon