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Introduction to Law |
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Description |
This module introduces the students to the Namibian legal system. Students will engage actively to acquire a proper knowledge and understanding of the legal system as a whole. Three major themes will be covered in this course: the classification and sources of Namibian law, the history of Namibian law, and the processes and practices of Namibian law. This module runs over two semesters and the content will be covered as indicate in the course content section |
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NQF Level |
5 |
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Notional Hours |
320 |
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NQF Credits |
12 |
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Prerequisites |
None |
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Standard Type (Core, fundamental, elective) |
Fundamental |
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Learning Outcomes/Specific Outcomes |
After successful completion of this module, learners will be able to: · Distinguish between law and other norm setting mechanisms in society · Identify the sources and branches of Namibian law · Explain the operation of judicial precedent · Read, find and reference cases · Read and offer a basic interpretation of legislation and the Constitution · Distinguish between common law, custom and customary law · Conduct basic legal research using a range of sources and techniques. |
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Course Content |
Semester 1
Topic 1 THE HISTORY OF LAW · Introduction - The importance of Roman legal thinking and its influence on modern Namibian law. - The historical development of Roman law and the importance of the role of the praetor. - The role of Emperor Justinian in the development of Roman law. - The importance of the Corpus Iuris Civilis. Roman law
Topic 2 OVERVIEW OF THE NAMIBIAN LAW
· Classification of the branches of law · The range of possible sources of law: Constitution, legislation, precedent, common la w, custom, customary law, modern-day commentary, international law.
Topic 3 THE CONSTITUTION · The Constitution as a primary source of Namibian law o Apartheid, parliamentary sovereignty and the creation of the Constitution o Constitutional supremacy, the rule of law and the separation of powers
Topic 4 THE BILL OF RIGHTS · The Bill of Rights and the testing of legal rules against the Constitution. · Procedural, substantive and remedial stages of litigation under the Bill of Rights. · The application of the Bill of Rights: o Temporal; territorial; who benefits under the Bill of Rights? o Who is bound by it? Direct, indirect, vertical and horizontal application · Limitation of rights · Remedies · Selected rights and some related Constitutional Court jurisprudence
Topic 5 COURTS AND CASES · The various courts · How to cite cases · The structure and elements of a case: o Statement of the facts of the case o The legal question(s) or issue(s) to be resolved in the case o Statement of the law that must be applied to resolve each question o Application of the law to the facts o The conclusion reached by the court and the court’s order · Reading cases and writing case summaries
Topic 6 LEGISLATION · Legislation as a primary source of Namibian law o Characteristics and advantages of legislation o Original and delegated legislation o The national legislative process o Why and how delegated legislation is made o Legal significance of the distinction between original and delegated legislation o Conflict between pieces of original legislation o Referencing legislation
Topic 7 JURISDICTION · The jurisdiction of the various Namibian courts o Civil and criminal cases o Structure of the courts (recap) o Jurisdiction of the superior courts o Jurisdiction of the lower courts
Topic 8 PRECEDENT · The doctrine of precedent as a primary source of Namibian law o The doctrine in general o The rules of precedent o Fact and law; ratio decidendi and obiter dictum
Topic 9 LEGAL RESEARCH AND WRITING · Introduction to research and writing resources · Electronic research · Planning your research · Reading and summarising resources · What to do with your resources · Legal argument, writing, revising and editing · Plagiarism and ethical writing
Semester 2
Topic 10 CUSTOM AND CUSTOMARY LAW · Custom as a primary source of Namibian law · Customary law as a primary source of Namibian law - History of customary law - Official and living customary law - Legal pluralism - Features of customary law - Customary law and the Constitution
Topic 11 INTERPRETATION OF LEGISLATION · The interpretation of statutes and other legislation - Basic introduction to Constitutional interpretation - How legislation is interpreted - Theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in Namibia - Practical application of the rules of interpretation - Introduction to aspects of statutory interpretation such as deeming clauses, the suspension of legislation, sunset clauses, legalese and the counter-majoritarian dilemma · Interpretation of the Bill of Rights
Topic 12 CIVIL AND CRIMINAL PROCEDURE · The procedure of the courts: - Civil procedure - Criminal procedure - Evidence Appeal and review
Topic 13 THE LEGAL PROFESSION · The legal profession: Legal actors and institutions · The Legal Practice Act 15 of 1995 |
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Methods of Facilitating Learning |
The course will be facilitated through the following learning activities: Lectures This module lends itself to an interactive teaching style and active participation by students in class. It also promotes students’ critical thinking and legal reasoning skills. Students are expected to prepare thoroughly for each topic and acquaint themselves with the Namibian Constitution and relevant laws which can be found on the website of the Legal Assistance Centre - https://www.lac.org.na .
In class, the lecturer will generally lead the discussion but will expect all students to contribute in class discussions. It is especially important that students participate in the discussion of the answers to prepared exercises. |
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Assessment Strategies |
The course will be assessed using a combination of Continuous Assessment and an end-of-semester examination. Continuous Assessment is made up of the following:
Continuous Assessment : 40% · Tests · Assignments/Projects · Exercises · Quizzes · Worksheets · Practical exercises
Final Examinations: 60% Time allocation per question paper: between 2 and 3 hours · The final examination will test the knowledge, understanding and skills outcomes in any given year on the course content covered. · The intention of the examination in its formulation is to avoid predictability and encourage learners to prepare for all syllabus outcomes. · The level of complexity of a paper/s will be maintained consistently from year to year. · The intention of the examinations is to assess the following objectives: Ø Knowledge and Understanding Ø Application Ø Analysis Ø Evaluation · The examinations may include a range and balance of question types, such as multiple-choice questions, short-answer free response questions, open-ended questions and extended responses including essays. These will be determined by the Department in which the subject resides and with the approval of the Examinations Committee. · The demands of the examination in terms of the number and length of learner responses required, the amount of reading time provided and the complexity of the questions will be appropriate for the time allocated for the examination.
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Prescribed Textbooks
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Prescribed textbook · Amoo S.K., An Introduction to Namibian Law, 2018, UNAM Press · Duard Kleyn, Frans Viljoen, Emile Zitzke, Palesa Madi Beginner's Guide For Law Students (2019) Juta and Company (Pty) Ltd.
Additional Recommended Texts · Tracy Humby, Louis Kotzé & Anél du Plessis (eds) Introduction to Law and Legal Skills in South Africa (2012) Oxford University Press Southern Africa (Pty) Ltd. · L Meintjies-Van der Walt, P Singh, M du Preez et al Introduction to South African Law: Fresh Perspectives 2 ed (2011) Pearson Education South Africa (Pty) Ltd, Heinemann. |
- Lecturer: Colletta Chiriya