oa Comparative and International Law Journal of Southern Africa - Succession to delictual liability: a Namibian precedent



On 21 March 1990 the Republic of Namibia became an independent state. The High Court of Namibia decided in the case, Mwandingi v Minister of Defence, Namibia that the new state succeeded to South African delictual liability because it accepted such succession. As international and South African law normally would not provide for succession to delictual liability , the decision raised the question of its effect not only in Namibian and South African law, but also in international law. In Namibian law the effect would be a juridical transmission of liability from South Africa to Namibia but it was doubtful whether the same effect would be achieved in South African law. Although the decision purports to give the succession an effect erga omnes in international law, this would not necessarily be accepted by third states.


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