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Government Gazette 22 December 2000
Act No. 25, 2000
No. 2456
TRADITIONAL AUTHORITIES ACT, 2000
Limitation of powers of traditional authorities
14. In the exercise of the powers or the performance of the duties and
functions referred to in section 3 by a traditional authority or a member
thereof(a) any custom, tradition, practice, or usa ge which is discriminatory or
which detracts from or violates the rights of any person as
guaranteed by the Namibian Constitution or any other statutory law,
or which prejudices the national interest, shall cease to apply;
(b) the customary law of a traditional community shall only apply to the
members of that traditional community and to any person who is not
a member of that traditional community, but who by his or her
conduct or consent submits himself or herself to the customary law
of that traditional community; and
(c) a traditional leader shall not permit his or her political opinions or
allegiance to influence (i)
the functions of his or her office as traditional leader; or
(ii)
the members of the traditional community in respect of
which he or she was designated and recognized, or appointed
or elected, as the case may be .
Holding of political of fice by chief or head of traditional community
15. (1) Every chief or head of a traditional community elected or
appointed to a political office shall (a) upon such election or acceptance of such appointment be
considered to have taken leave of absence from the office of chief
or head of a traditional community for the duration that he or she
holds such political office; and
(b) forthwith notify the Minister in writing of the date with effect from
which he or she holds such political office.
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