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By Harold Joseph Laski

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San life expectancy is some 22 per cent lower than the national average, indicating their poor nutritional and basic healthcare status. In addition, a variety of serious social problems have arisen in San communities, including alcohol abuse, high levels of domestic violence, crime, depression and boredom. – Many San feel alienated in the ‘new Namibia’. As a group, they remain under-represented in government structures. fm Page 50 Friday, September 5, 2003 1:12 PM Clement Daniels resentation in the Council of Traditional Leaders and the National Assembly, San have no effective representation in local and regional elected bodies.

Are courts and judicial officers the problem anyway? These are not easy questions and no answers are suggested here. What needs to be said, however, is that courts and judicial officers may be seen to be part of the wider problem, but not the cause. Courts in general, and judicial officers in particular, do not bring into being the disputes needing resolution. Instead, courts are created, and presided over by judicial officers, to resolve disputes that arise elsewhere. Courts, therefore, are but arenas for displaying disagreements.

We have always regarded South Africa as an intruder in our country. (…) I was not, and could not remain a spectator in the struggle of my people for their freedom. I am a loyal Namibian and could not betray my people to their enemies. I admit that I decided to assist those who had taken up arms. I know that the struggle will be long and bitter. I know that my people will wage that struggle, whatever the cost. (Herman Toivo ja Toivo 1968) If you must break the law: do it to seize power; in all other times observe it.

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