N A M I B I A - UN-Habitat

NAMIBIAinfrastructure and social services, all of which influence theprocess of urban migration.Towns and villagesTowns are proclaimed and surveyed in accordance with theprocedures laid down in the Townships and Division ofLand Ordinance (1963), while villages are not. Some townsin communal areas have been proclaimed as municipalitiessince independence, which allows them to generate additionalincome through charges for water, electricity, sewerage andrent on the use of land. The MRLGH is responsible for theadministration and personnel of the majority of towns. Mosttowns are not self supporting and rely on central governmentto cover salaries and some maintenance costs. 176 Thelack of development in most towns currently underminesthe authority of the town councils, which could jeopardisetheir political legitimacy.A village council consists of elected members of the communitywho in turn elect a chairperson and a vice-chairperson.These officials play a similar role as the mayors and deputymajors in larger local authorities.4 Inheritance and MaritalProperty LegislationA complex web of civil and customary laws governs inheritanceand marital property rights in Namibia. Civil inheritanceand marital property legislation has mainly been influencedby Roman-Dutch law, the common law inherited from SouthAfrica, and some old English law. The two basic maritalproperty regimes for civil marriages are “in community ofproperty” and “out of community of property”.4.1 Relevant constitutional provisionsAccording to the Constitution “men and women … shallbe entitled to equal rights as to marriage, during marriageand at its dissolution.” 177 It provides that the family is “en-176 Op. ct., 92163.177 Art. 14 (1).titled to protection by society and the State”. 178 Art. 23 onapartheid and affirmative action calls for legislation, policiesand practices to encourage and enable women to play a full,equal and effective role in the political, social, economic andcultural life of the nation, with regard to the fact that womenin Namibia have traditionally suffered special discrimination.Art. 95 on the Promotion of the Welfare of the People callsfor enactment of legislation to ensure equal opportunitiesfor women, and makes equal remuneration of men andwomen, as well as maternity and related benefits for women,a government issue.Discrimination against women is prohibited by theConstitution. Art. 10(1) clearly states that “all persons shallbe equal before the law.” Art. 10(2) lists “sex” as one of theprohibited grounds of discrimination. In addition, Art. 16(1)provides for the right of any person “to acquire, own anddispose of all forms of immovable and movable propertyindividually or in association with others and to bequeaththeir property to their heirs or legatees”.Art. 16 must also be read in the context of a further constitutionalobligation to affirmative action in Art. 23(2), whichstates that:“Nothing contained in Art. 10 hereof shall prevent Parliament from enactinglegislation providing directly or indirectly for the advancement of personswithin Namibia who have been socially, economically or educationallydisadvantaged by past discriminatory laws or practices, or for theimplementation of policies and programmes aimed at redressing social,economic or educational imbalances in the Namibian society arising out ofdiscriminatory laws or practices…”The Constitution clearly provides that women and men haveequal property rights.4.2 Legislation related to inheritance rightsA confusing and overlapping set of laws still applies in this area,some in violation of the Constitution because they discriminateon the basis of race. Examples are: the Administration ofEstates Act of 1965, the Native Administration Proclamation178 Art. 14(3).50Land Tenure, Housing Rights and Gender Review: Southern Africa