Related documents
- Is commenced by Commencement of the Traditional Authorities Act, 2000
- Repeals Traditional Authorities Act, 1995
Traditional Authorities Act, 2000
Act 25 of 2000
- Published in Government Gazette 2456 on 22 December 2000
- Assented to on 21 December 2000
- Commenced on 17 May 2001 by Commencement of the Traditional Authorities Act, 2000
- [This is the version of this document from 22 December 2000 and includes any amendments published up to 22 March 2024.]
1. Definitions
In this Act, unless the context indicates otherwise -“chief” means the supreme traditional leader of a traditional community designated in accordance with section 4(1)(a) and recognised as such under section 6;“Chief’s Council” means a Chief’s Council established by section 9;“communal area” means the geographic area habitually inhabited by a specific traditional community, excluding any local authority area as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992);“Community Trust Fund” means a Community Trust Fund contemplated in section 18(3);“Council of Traditional Leaders” means the Council of Traditional Leaders established by section 2 of the Council of Traditional Leaders Act, 1997 (Act No. 13 of 1997);“customary law” means the customary law, norms, rules of procedure, traditions and usages of a traditional community in so far as they do not conflict with the Namibian Constitution or with any other written law applicable in Namibia;“designation”, in relation to the institution of a chief or head of a traditional community, includes the election or hereditary succession to the office of a chief or head of a traditional community, and any other method of instituting a chief or head of a traditional community recognised under customary law;“head”, in relation to a traditional community, means the supreme traditional leader of that traditional community designated in accordance with section 4(1)(a) or (b), as the case may be, and recognised as such under section 6;“investigation committee” means the investigation committee appointed in terms of section 12(2);“member”, in relation to -(a)a traditional community, means a person either or both of whose parents belong to that traditional community, and includes any other person who by marriage to or adoption by a member of that traditional community or by any other circumstance has assimilated the culture and traditions of that traditional community and has been accepted by the traditional community as a member thereof;(b)a traditional authority, means a chief, a head of a traditional community, a senior traditional councilor, or a traditional councilor;“Minister” means the Minister responsible for Regional and Local Government;“prescribed” means prescribed by regulation made under section 19;“repealed Act” means the Traditional Authorities Act, 1995 (Act No. 17 of 1995);“senior traditional councilor” means a senior councilor of a traditional community appointed or elected in accordance with section 10;“this Act” includes any regulation prescribed thereunder;“traditional authority” means a traditional authority of a traditional community established in terms of section 2(1);“traditional community” means an indigenous homogeneous, endogamous social grouping of persons comprising of families deriving from exogamous clans which share a common ancestry, language, cultural heritage, customs and traditions, who recognises a common traditional authority and inhabits a common communal area, and may include the members of that traditional community residing outside the common communal area;“Traditional Council” means a Traditional Council established by section 9;“traditional councilor” means a councilor of a traditional community appointed or electedin accordance with section 10; and“traditional leader” means a chief, a head of a traditional community, a senior traditional councilor, or a traditional councilor designated and recognized or appointed or elected, as the case may be, in accordance with this Act, and by whatever traditional title named.2. Establishment of traditional authorities
3. Powers, duties and functions of traditional authorities and members thereof
4. Designation of chief or head of traditional community
5. Prior notification of designation of chief or head of traditional community
6. Recognition of chief or head of traditional community
7. Powers, duties and functions of chief or head of traditional community
A chief or head of a traditional community -8. Removal and succession of chief or head of traditional community
9. Establishment of Chief’s Council and Traditional Council, and powers, duties and functions thereof
10. Appointment of senior traditional councillors, traditional councillors and secretary, and their powers, duties, and functions
11. Use of traditional titles
Nothing in this Act contained shall be construed as precluding the members of a traditional community from addressing a traditional leader by the traditional title accorded to that office, but such traditional title shall not derogate from, or add to, the status, powers, duties and functions associated with the office of a traditional leader as provided for in this Act.12. Settlement of disputes
13. Powers of investigation committee
14. Limitation of powers of traditional authorities
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 -15. Holding of political office by chief or head of traditional community
16. Relationship of traditional authorities with government organs
A traditional authority shall in the exercise of its powers and the performance of its duties and functions under customary law or as specified in this Act give support to the policies of the Government, regional councils and local authority councils and refrain from any act which undermines the authority of those institutions.17. Payment of allowances to traditional leaders
18. Assets and Trust Fund of traditional community
19. Regulations
The Minister may make regulations relating to -20. Repeal of laws and savings
21. Construction of a certain expression
Any reference to the chief of a traditional community in any other law shall be construed as to include a reference to the head of a traditional community.22. Short title and commencement
History of this document
17 May 2001
22 December 2000 this version
21 December 2000
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations in terms of the Traditional Authorities Act, 1995, 1997 | Government Notice 246 of 1997 |
Regulations made under the Traditional Authorities Act, 2000 | Government Notice 94 of 2001 |
Cited documents 6
Legislation 6
Documents citing this one 153
Gazette 87
- Namibia Government Gazette dated 2000-12-22 number 2456
- Namibia Government Gazette dated 2001-05-17 number 2532
- Namibia Government Gazette dated 2002-04-30 number 2733
- Namibia Government Gazette dated 2002-08-12 number 2787
- Namibia Government Gazette dated 2002-12-30 number 2888
- Namibia Government Gazette dated 2003-03-01 number 2926
- Namibia Government Gazette dated 2003-04-23 number 2962
- Namibia Government Gazette dated 2003-08-19 number 3044
- Namibia Government Gazette dated 2003-11-17 number 3095
- Namibia Government Gazette dated 2004-06-14 number 3218
- Namibia Government Gazette dated 2004-12-14 number 3344
- Namibia Government Gazette dated 2004-12-29 number 3361
- Namibia Government Gazette dated 2006-06-15 number 3648
- Namibia Government Gazette dated 2006-09-01 number 3688
- Namibia Government Gazette dated 2008-03-27 number 4018
- Namibia Government Gazette dated 2008-07-30 number 4090
- Namibia Government Gazette dated 2009-05-20 number 4263
- Namibia Government Gazette dated 2009-08-14 number 4320
- Namibia Government Gazette dated 2009-10-15 number 4355
- Namibia Government Gazette dated 2010-02-15 number 4423
- Namibia Government Gazette dated 2010-03-16 number 4441
- Namibia Government Gazette dated 2010-05-24 number 4490
- Namibia Government Gazette dated 2010-11-03 number 4596
- Namibia Government Gazette dated 2011-03-17 number 4671
- Namibia Government Gazette dated 2011-08-23 number 4783
- Namibia Government Gazette dated 2011-10-24 number 4816
- Namibia Government Gazette dated 2011-11-15 number 4834
- Namibia Government Gazette dated 2012-03-30 number 4912
- Namibia Government Gazette dated 2012-05-24 number 4952
- Namibia Government Gazette dated 2012-07-26 number 5000
- Namibia Government Gazette dated 2012-11-19 number 5079
- Namibia Government Gazette dated 2013-04-15 number 5174
- Namibia Government Gazette dated 2013-06-05 number 5218
- Namibia Government Gazette dated 2013-07-01 number 5235
- Namibia Government Gazette dated 2013-07-26 number 5249
- Namibia Government Gazette dated 2013-08-01 number 5255
- Namibia Government Gazette dated 2013-11-25 number 5349
- Namibia Government Gazette dated 2013-12-19 number 5367
- Namibia Government Gazette dated 2013-12-24 number 5373
- Namibia Government Gazette dated 2014-05-20 number 5467
- Namibia Government Gazette dated 2014-08-06 number 5528
- Namibia Government Gazette dated 2015-02-27 number 5681
- Namibia Government Gazette dated 2015-06-12 number 5757
- Namibia Government Gazette dated 2015-08-10 number 5803
- Namibia Government Gazette dated 2015-09-01 number 5818
- Namibia Government Gazette dated 2015-11-20 number 5878
- Namibia Government Gazette dated 2015-12-31 number 5914
- Namibia Government Gazette dated 2016-01-13 number 5927
- Namibia Government Gazette dated 2016-06-24 number 6048
- Namibia Government Gazette dated 2016-07-15 number 6072
- Namibia Government Gazette dated 2016-12-01 number 6188
- Namibia Government Gazette dated 2017-01-16 number 6217
- Namibia Government Gazette dated 2017-01-26 number 6222
- Namibia Government Gazette dated 2017-06-12 number 6329
- Namibia Government Gazette dated 2017-07-13 number 6356
- Namibia Government Gazette dated 2017-08-01 number 6373
- Namibia Government Gazette dated 2017-08-15 number 6384
- Namibia Government Gazette dated 2017-10-18 number 6445
- Namibia Government Gazette dated 2018-02-16 number 6528
- Namibia Government Gazette dated 2018-06-15 number 6627
- Namibia Government Gazette dated 2018-06-29 number 6637
- Namibia Government Gazette dated 2018-08-15 number 6680
- Namibia Government Gazette dated 2018-09-14 number 6709
- Namibia Government Gazette dated 2018-11-27 number 6778
- Namibia Government Gazette dated 2018-12-28 number 6803
- Namibia Government Gazette dated 2019-05-14 number 6903
- Namibia Government Gazette dated 2019-08-01 number 6965
- Namibia Government Gazette dated 2019-08-15 number 6973
- Namibia Government Gazette dated 2019-09-16 number 6996
- Namibia Government Gazette dated 2019-10-15 number 7020
- Namibia Government Gazette dated 2020-06-12 number 7238
- Namibia Government Gazette dated 2020-07-07 number 7266
- Namibia Government Gazette dated 2020-11-04 number 7378
- Namibia Government Gazette dated 2020-12-23 number 7428
- Namibia Government Gazette dated 2021-05-07 number 7529
- Namibia Government Gazette dated 2021-08-31 number 7618
- Namibia Government Gazette dated 2021-10-22 number 7667
- Namibia Government Gazette dated 2021-11-01 number 7673
- Namibia Government Gazette dated 2022-02-14 number 7746
- Namibia Government Gazette dated 2022-04-14 number 7785
- Namibia Government Gazette dated 2022-04-14 number 7786
- Namibia Government Gazette dated 2022-06-24 number 7838
- Namibia Government Gazette dated 2023-01-26 number 8014
- Namibia Government Gazette dated 2023-02-01 number 8021
- Namibia Government Gazette dated 2023-08-29 number 8187
- Namibia Government Gazette dated 2023-11-07 number 8253
- Namibia Government Gazette dated 2024-02-14 number 8306
Judgment 54
- Adcock v Mbambo and Others (87 of 2010) [2012] NAHC 276 (24 October 2012)
- Belavista Investments v Pombili and Another (APPEAL 158 of 2010) [2011] NAHC 241 (10 August 2011)
- Blouwes Traditional Authority v Minister of Urban and Rural Development (HC-MD-CIV-ACT-OTH- 1833 of 2017) [2022] NAHCMD 582 (14 October 2022)
- Chairman Ohangwena Communal Land Board N.O v Wapulile (81 of 2013) [2017] NASC 19 (8 June 2017)
- Chaune v Ditshabue and Others (APPEAL 5 of 2011) [2013] NAHCMD 111 (22 April 2013)
- Council of Itereleng Village Community v Madi and Others (APPEAL 287 of 2011) [2013] NAHCMD 363 (29 November 2013)
- Council of Itireleng Village and Another v Madi and Others (SA 21 of 2016) [2017] NASC 39 (25 October 2017)
- Elifas and Others v Asino and Others (SA 60 of 2018) [2020] NASC 59 (29 October 2020)
- Ex parte Kahuura and Another In re Nguvauva v Minister of Regional and Local Government and Housing Rural Development and Others (254 of 2010) [2012] NAHC 164 (26 June 2012)
- Haindaka v The Minister of Urban and Rural Development (254 of 2018) [2018] NAHCMD 258 (16 August 2018)
- Haindaka v The Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-GEN 254 of 2018) [2019] NAHCMD 281 (9 August 2019)
- Haindaka v The Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-GEN 458 of 2019) [2021] NAHCMD 402 (9 September 2021)
- Hikumwah v Nelumbu and Others (APPEAL 15 of 2012) [2015] NAHCMD 111 (13 May 2015)
- Iipinge v Taapopi (I 1928 of 2015) [2022] NAHCMD 567 (18 October 2022)
- Isaack NO and Another v Fleermuys and Another (80 of 2012) [2012] NAHC 261 (11 October 2012)
- Joseph v Joseph and Another (HC-MD-CIV-ACT-OTH- 2018 of 3288) [2019] NAHCMD 252 (18 July 2019)
- Kahuure and Another In re Nguvauva and Minister of Regional and Local Government and Housing and Rural Development and Others (SA 28 of 2012) [2013] NASC 5 (18 June 2013)
- Kalenga and Others v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 219 of 2019) [2019] NAHCMD 217 (1 July 2019)
- Kapia and Another v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 395 of 2019) [2023] NAHCMD 47 (13 February 2023)
- Kapia v Minister of Regional And Local Government and Others (APPEAL 333 of 2012) [2014] NAHCMD 4 (24 January 2014)
- Kapika v Kapika [2020] NASC 25 (20 July 2020)
- Kapika v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 33 of 2016) [2018] NAHCMD 51 (9 March 2018)
- Maurihungirire v Minister of Agriculture, Water and Land Reform and Others (HC-MD-CIV-MOT-REV-2021/00482) [2024] NAHCMD 117 (15 March 2024)
- Mbai v Minister of Land Reform [2020] NAHCMD 425 (18 September 2020)
- Mbanderu Traditional Authority and Another v Kahuure ad Others (2007) [2008] NASC 7 (14 July 2008)
- Minister of Urban and Rural Development and Others v Haindaka and Another (SA 78/2021) [2023] NASC 19 (16 June 2023)
- Mukennah v GRN of the Republic of Namibia [2020] NAHCMD 422 (4 September 2020)
- Mukulu NO and Another v Kalumbu and Others (APPEAL 197 of 2011) [2012] NAHC 19 (3 February 2012)
- Musweu v Chairperson of Appeal Tribunal (SA 29 of 2019) [2020] NASC 52 (12 November 2020)
- Nelumbu and Others v Shikumwah and Others (SA 27 of 2015) [2017] NASC 14 (13 April 2017)
- Ngondo and Others v The Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 199 of 2017) [2019] NAHCMD 158 (6 March 2019)
- Nguvauva v Minister of Regional and Local Government and Housing Rural Development and Others (APPEAL 254 of 2010) [2014] NAHCMD 290 (2 October 2014)
- Nguvauva v Ovambanderu Traditional Authority and Others (APPEAL 312 of 2010) [2010] NAHC 182 (4 November 2010)
- Njagna Conservancy Committee v Minister of Lands and Resettlement (276 of 2013) [2016] NAHCMD 250 (18 August 2016)
- Onamahua Trading Close Corporation v Simon (HC-MD-CIV-ACT-CON-2022/01630) [2024] NAHCMD 130 (26 March 2024)
- Ondonga Traditional Authority v Elifas and Another (HC-MD-CIV-MOT-EXP 13 of 2017) [2017] NAHCMD 142 (15 May 2017)
- Ondonga Traditional Authority v Oukwanyama Traditional Authority (APPEAL 44 of 2013) [2015] NAHCMD 170 (27 July 2015)
- Ongandjera Traditional Authority v IIyambo (HC-NLD-CIV-ACT-DEL 107 of 2021) [2022] NAHCNLD 57 (30 May 2022)
- Otjikaoko Traditional Authority v Tjavara and Others (APPEAL 88 of 2016) [2017] NAHCMD 305 (26 October 2017)
- Ovambanderu Traditional Authority v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 239 of 2019) [2022] NAHCMD 59 (17 February 2022)
- Ovambanderu Traditional Authority v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2019/00239) [2023] NAHCMD 525 (25 August 2023)
- Ovambanderu Traditional Authority v Nguvauva and Others (28 of 2017) [2017] NAHCMD 243 (18 August 2017)
- Ovambanderu Traditional Council and Another v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 475 of 2019) [2021] NAHCMD 343 (22 July 2021)
- Paramount Chief Katjiua v Chief Kapuuo (HC-MD-CIV-MOT-GEN 126 of 2022) [2022] NAHCMD 186 (12 April 2022)
- Purros Conservancy Committee v Uaraavi and Others (2) (204 of 2018) [2018] NAHCMD 231 (19 July 2018)
- Reconnaissance Energy Namibia (PTY) Ltd v Sinonge and Others (HC-MD-CIV-MOT-GEN 144 of 2021) [2022] NAHCMD 356 (19 July 2022)
- Royal House of Chief Kambazembi v Kavari NO and Others (LC 132 of 2012) [2012] NALC 35 (20 September 2012)
- Shilongo v Chairperson of the Appeal Tribunal and Others (HC-MD-CIV-MOT-REV-2022/00245) [2023] NAHCMD 321 (15 June 2023)
- Shipapo Wambambangandu Investment (Pty) Ltd v Shambyu Traditional Authority (HC-MD-CIV-MOT-GEN 492 of 2021) [2022] NAHCMD 384 (29 July 2022)
- Stephanus v Apollus and Others (189 of 2011) [2012] NAHC 114 (10 May 2012)
- Tjiriange v Kambazembi and Others (APPEAL 164 of 2015) [2017] NAHCMD 59 (24 February 2017)
- Tsumib and Others v Goverment of the Republic of Namibia and Others (SA 53 of 2019) [2022] NASC 6 (16 March 2022)
- Van Wyk v Pienaar and Others (HC-MD-CIV-MOT-GEN-2022/00060) [2023] NAHCMD 255 (11 May 2023)
- Zeraeua Traditional Authority v Mathe and Others (APPEAL 169 of 2013) [2013] NAHCMD 163 (13 June 2013)
Law Reform Report 1
Legislation 10
- Animal Health Regulations, 2013
- Aquaculture Act, 2002
- Communal Land Reform Act, 2002
- Community Courts Act, 2003
- Financial Intelligence Act, 2012
- Inland Fisheries Resources Act, 2003
- National Heritage Act, 2004
- Regulations made under the Traditional Authorities Act, 2000
- Regulations of Community Courts, 2003
- Water Resources Management Act, 2013