Exploring the Rights of the Dead in Namibia: A Comparative Legal Analysis

The aim of this paper is to explore the rights of the dead. To adequately assess whether the dead can be described as possessing rights and what those rights are and furthermore, how they can be enforced. Enforcement of rights if any will be looked at from the constitutional, common law and customary law perspectives with the aim to provide a brief analysis and understanding as well as the application of these rights. In part 1 the authors gives synopsis on the constitutional rights of a natural person and whether such rights can equally be enjoyed by the dead. Part 2 discusses aspects relating to legal rights whereas Part 3 examines the rights, if any that can be enforced on behalf of the dead. In Part 4, the authors outlines issues surrounding the conflict of law as far as custormary and common law is concerned, to the extent where these affects the ‘rights’ of the dead. Part 5 draws comparative analysis from New Zealand and France, providing possible lessons learned and Part 6 provides concluding remarks and recommendations regarding the future of the rights of the dead in Namibia.