Namibia Legal Practitioners' Qualifying Examination cheat sheet

High Court civil process begins with issue of summons (combined summons where the claim is for a debt or liquidated demand with particulars of claim annexed); dies induciae differ for defended actions depending on whether the defendant resides within or outside Namibia.

Magistrates' Courts Act 32 of 1944 sets monetary jurisdiction of a district magistrate (N$100 000 for actions generally, N$200 000 for certain claims) and regional magistrates (N$400 000); claims above the limit require High Court issue or written consent to jurisdiction.

Default judgment: plaintiff may apply for default judgment with affidavit of non-appearance and proof of service; unliquidated damages require evidence of quantum, and the registrar may refer to court.

Summary judgment under Rule 32 is available where the defendant has entered appearance but has no bona fide defence; affidavit must disclose material facts and the defence relied on, and the court may grant leave to defend on terms.

Declaratory orders, interdicts and mandamus are extraordinary remedies; requirements for a final interdict are a clear right, injury actually committed or reasonably apprehended, and absence of a satisfactory alternative remedy.

Prescription: contractual and delictual debts prescribe after three years under the Prescription Act 68 of 1969; a summons interrupts prescription, and a claim must be served within the period to stop running.

Appeals from magistrates' courts go to the High Court on a question of law or fact within 20 days of judgment (with leave where required); High Court appeals go to the Supreme Court with leave.

Costs follow the event as a general rule; the court has discretion and may order costs on a party-and-party or attorney-and-client scale, and a punitive costs order requires exceptional circumstances.

Arrest under the Criminal Procedure Act 51 of 1977 requires reasonable suspicion and informing the arrestee of the reason; a person arrested must be brought before a magistrate within 48 hours, excluding weekends and public holidays.

Bail: section 60 CPA governs; the court weighs the interests of justice, flight risk, danger to public safety and interference with witnesses; certain serious offences place the onus on the accused to show exceptional circumstances.

The right to silence and the presumption of innocence (Article 12 of the Namibian Constitution) mean no adverse inference may be drawn from silence, though adverse inference may be drawn from failure to explain incriminating circumstances.

Confessions are admissible only if made freely and voluntarily to a magistrate or peace officer, after the accused has been informed of rights; a confession to a peace officer who is not a magistrate is admissible only if reduced to writing before a magistrate.

Evidence obtained through unlawful search or seizure may be excluded where admission would render the trial unfair or be detrimental to the administration of justice.

The state must prove guilt beyond reasonable doubt; circumstantial evidence must be consistent with guilt and inconsistent with any reasonable inference of innocence.

Sentencing considers the triad of the crime, the offender and the interests of society; suspended sentences, fines and imprisonment are options, and restorative justice and customary compensation may inform sentence.

Appeals in criminal matters: conviction and sentence appeals lie to the High Court, and further appeal to the Supreme Court requires leave; the appeal court may confirm, set aside or vary the conviction or sentence.

Requirements for a valid contract: consensus, capacity, formalities (where prescribed), legality, possibility of performance and certainty of terms; the contract must be lawful and not contra bonos mores.

Offer and acceptance: acceptance must be unqualified and communicated to the offeror; the expedition theory applies to postal acceptance and the information theory to electronic communication under the Electronic Transactions Act 4 of 2019.

Breach forms: mora debitoris (late performance), mora creditoris (creditor's default), repudiation, and positive malperformance; remedies include specific performance, cancellation and damages.

Damages are measured by the innocent party's positive interesse (performance interest) and must be foreseeable and not too remote; mitigation of loss is required.

Delictual elements: conduct (act or omission), wrongfulness (infringement of a protected interest judged by the legal convictions of the community), fault (intent or negligence), causation (factual and legal) and harm.

Negligence is tested by the reasonable person standard; the court weighs the probability and seriousness of harm against the burden of precautions and the utility of the conduct.

Vicarious liability requires an employer-employee relationship and conduct within the course and scope of employment; independent contractors do not ordinarily attract vicarious liability.

Strict liability arises in limited instances, including harm caused by dangerous animals and certain statutory schemes; the actio de pauperie and actio de pastu are examples in the property context.

The Deeds Registries Act 47 of 1937 governs registration of real rights; a deed of transfer must be prepared by a conveyancer admitted and enrolled in Namibia and lodged with the Deeds Registry.

Ownership passes on registration in the deeds registry, not on conclusion of the sale; a sale of immovable property must be in writing and signed by the parties or their agents (sale of land requirement).

The Alienation of Land Act requirements apply: the deed of sale must identify the parties, the property, the purchase price and the terms of payment, and be signed by the parties.

Mortgage bonds must be registered against the title deed; a covering bond may secure future or fluctuating debts, and cancellation requires a registered consent to cancellation.

Notarial practice: a notary public is a conveyancer with authority to attest antenuptial contracts, notarial deeds of cession, servitudes and powers of attorney; an antenuptial contract must be executed before the marriage and registered within the prescribed period to bind third parties.

Sectional titles: the Sectional Titles Act 2 of 2009 governs; a body corporate is established on registration of the sectional plan, and owners are bound by management rules.

Prescription of real rights: ownership is not lost by non-use, but servitudes may be extinguished by non-use for the statutory period; acquisitive prescription of land requires open, peaceful and uninterrupted possession for the statutory period.

Expropriation is governed by Article 16 of the Constitution and the Expropriation Act; compensation must be just and equitable, and the community's interest and the public interest are relevant factors.

The Companies Act 28 of 2004 governs incorporation, share capital, directors' duties and winding-up; a company acquires legal personality on registration and has perpetual succession.

Directors owe fiduciary duties (act in the best interests of the company, avoid conflicts, exercise care and skill) and may be liable for reckless or fraudulent trading.

Close corporations are governed by the Close Corporations Act 26 of 1988; members' interest is expressed as a percentage, and the CC has a maximum of ten members.

Insolvency: the Insolvency Act 24 of 1936 governs sequestration; requirements include a debt of at least the prescribed amount, actual insolvency, and advantage to creditors; a provisional sequestration order is followed by a final order.

Voidable dispositions include dispositions without value and undue preference of creditors made within the statutory periods before sequestration; the trustee may set them aside.

Business rescue under Chapter 6 of the Companies Act aims to rehabilitate a financially distressed company; a business rescue practitioner is appointed, and a moratorium on legal proceedings applies during rescue.

Competition law: the Competition Act 2 of 2003 prohibits restrictive practices, abuse of dominance and merger control; the Competition Commission and Tribunal adjudicate.

Consumer protection and credit: the Credit Agreements Act and Usury Act regulate credit transactions; the Consumer Protection Act 68 of 2008 (as applicable in Namibia) informs fair dealing standards.

Marriage in Namibia may be civil, customary or religious; civil marriage requires registration under the Marriage Act 25 of 1961 and is monogamous, while customary marriages are recognised under the Traditional Authorities Act and the Communal Land Reform Act framework.

In community of property, all assets and liabilities are shared; an antenuptial contract excluding community of property must be executed before a notary and registered in the Deeds Registry.

Divorce is granted by the High Court on grounds of irretrievable breakdown or mental illness; the court considers the interests of minor children, and a divorce order must address maintenance and custody.

Maintenance: the Maintenance Act 9 of 2003 provides for maintenance orders, attachment of emoluments and enforcement; the Maintenance Court has jurisdiction.

Succession: the Intestate Succession Ordinance 12 of 1946 governs intestate estates; the surviving spouse and children share, and customary succession may apply to estates of persons subject to customary law.

The Wills Act 7 of 1953 requires a will to be in writing, signed by the testator and two competent witnesses in each other's presence; a testator may revoke a will by a later will or by destruction.

Freedom of testation is limited by the maintenance claim of dependants and the doctrine of public policy; the court may make provision for a dependant not adequately provided for.

The Administration of Estates Act 66 of 1965 governs appointment of executors, the Master's supervision, and the liquidation and distribution of estates.

The Namibian Constitution is supreme; Article 1(6) provides that legislation inconsistent with the Constitution is invalid to the extent of the inconsistency.

The Bill of Rights protects civil, political and socio-economic rights; limitations must be reasonable and justifiable in a democratic society (Article 22).

Article 18 guarantees fair administrative justice; administrative action must be lawful, reasonable and procedurally fair, and reasons must be given where rights are affected.

Judicial review tests legality, rationality and procedural fairness; the court does not substitute its own decision for that of the administrator unless the decision is irrational or unlawful.

The doctrine of legitimate expectation protects a person who has been promised a benefit or a hearing; the expectation must be reasonable and induced by the administrator.

Separation of powers: the judiciary is independent under Article 78; the High Court has inherent review jurisdiction over inferior courts and administrative bodies.

Equality before the law (Article 10) prohibits discrimination on grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status; affirmative action measures are permitted.

Standing: Article 25 allows any person to approach the court for enforcement of fundamental rights where their rights are affected or where the public interest requires it.

The Legal Practitioners Act 15 of 1995 establishes the Law Society of Namibia and the disciplinary committee; practitioners must be admitted and enrolled before practising.

A legal practitioner must maintain client confidentiality, avoid conflicts of interest, act competently and diligently, and keep client funds in a separate trust account.

Trust money must be deposited into a trust banking account and may not be used for the practitioner's own purposes; trust accounts are subject to audit under the Law Society rules.

Contingency fee arrangements are restricted; fee agreements must be fair and disclosed to the client, and fees may be taxed by the taxing master.

A practitioner may not act where a conflict of interest exists, including acting against a former client in a related matter; informed consent may cure some but not all conflicts.

Advertising and touting are restricted; practitioners may not solicit clients or share fees with non-practitioners (fee-sharing prohibition).

Practice management includes proper record-keeping, supervision of staff, compliance with the Financial Intelligence Act obligations and anti-money-laundering measures.

Professional misconduct may lead to suspension or striking off; the disciplinary committee follows fair procedure and the practitioner has a right to be heard.

A legal opinion should state the facts, the question presented, the applicable law, the analysis and a clear conclusion; assumptions and limitations must be disclosed.

Pleadings must contain material facts, not evidence; a claim must disclose a cause of action, and a defence must disclose a defence to the claim.

A contract should define parties, recitals, operative clauses, representations and warranties, indemnities, dispute resolution and governing law, and signature blocks.

Drafting precision: use defined terms consistently, avoid ambiguity, prefer the active voice, and ensure conditions precedent and suspensive conditions are clearly stated.

Notarial deeds must be attested by a notary and comply with the Deeds Registries Act formalities, including the notary's certificate and signature.

Affidavits must be sworn before a commissioner of oaths, and the deponent must confirm the truth of the contents; a defective affidavit may be struck out.

Letters of demand should state the cause of action, the amount claimed, the deadline and the consequences of non-compliance, and should be sent by a method that proves delivery.

Citation and authority: refer to Namibian statutes, reported judgments (SA and Namibian reports where applicable) and secondary sources accurately; never cite an authority not verified.

Customary law is recognised as part of Namibian law under Article 66 of the Constitution and applies to persons subject to it, subject to the Constitution and statutory law.

Traditional authorities have jurisdiction over customary disputes, including land allocation and customary marriages, under the Traditional Authorities Act 25 of 2000.

Customary courts apply customary law and procedure; their decisions may be reviewed by the High Court where they exceed jurisdiction or act unfairly.

The Communal Land Reform Act 5 of 2002 governs allocation of communal land and establishes Communal Land Boards; customary land rights must be registered.

Ubuntu and customary restorative justice principles inform sentencing and dispute resolution; compensation and reconciliation may be relevant in customary proceedings.

Applied legal skills: issue identification, legal research, case analysis (IRAC), client interviewing, negotiation and drafting; these are assessed in the practical component of the qualifying examination.

Conflict of laws: where customary law and common law conflict, the Constitution prevails, and courts consider the nature of the transaction and the parties' cultural context.

Legal aid and access to justice: the Legal Aid Act and the Directorate of Legal Aid provide representation; practitioners should advise clients of pro bono and legal aid options.

High Court civil process begins with issue of summons (combined summons where the claim is for a debt or liquidated demand with particulars of claim annexed); dies induciae differ for defended actions depending on whether the defendant resides within or outside Namibia.

Magistrates' Courts Act 32 of 1944 sets monetary jurisdiction of a district magistrate (N$100 000 for actions generally, N$200 000 for certain claims) and regional magistrates (N$400 000); claims above the limit require High Court issue or written consent to jurisdiction.

Default judgment: plaintiff may apply for default judgment with affidavit of non-appearance and proof of service; unliquidated damages require evidence of quantum, and the registrar may refer to court.

Summary judgment under Rule 32 is available where the defendant has entered appearance but has no bona fide defence; affidavit must disclose material facts and the defence relied on, and the court may grant leave to defend on terms.

Declaratory orders, interdicts and mandamus are extraordinary remedies; requirements for a final interdict are a clear right, injury actually committed or reasonably apprehended, and absence of a satisfactory alternative remedy.

Prescription: contractual and delictual debts prescribe after three years under the Prescription Act 68 of 1969; a summons interrupts prescription, and a claim must be served within the period to stop running.

Appeals from magistrates' courts go to the High Court on a question of law or fact within 20 days of judgment (with leave where required); High Court appeals go to the Supreme Court with leave.

Costs follow the event as a general rule; the court has discretion and may order costs on a party-and-party or attorney-and-client scale, and a punitive costs order requires exceptional circumstances.

Arrest under the Criminal Procedure Act 51 of 1977 requires reasonable suspicion and informing the arrestee of the reason; a person arrested must be brought before a magistrate within 48 hours, excluding weekends and public holidays.

Bail: section 60 CPA governs; the court weighs the interests of justice, flight risk, danger to public safety and interference with witnesses; certain serious offences place the onus on the accused to show exceptional circumstances.

The right to silence and the presumption of innocence (Article 12 of the Namibian Constitution) mean no adverse inference may be drawn from silence, though adverse inference may be drawn from failure to explain incriminating circumstances.

Confessions are admissible only if made freely and voluntarily to a magistrate or peace officer, after the accused has been informed of rights; a confession to a peace officer who is not a magistrate is admissible only if reduced to writing before a magistrate.

Evidence obtained through unlawful search or seizure may be excluded where admission would render the trial unfair or be detrimental to the administration of justice.

The state must prove guilt beyond reasonable doubt; circumstantial evidence must be consistent with guilt and inconsistent with any reasonable inference of innocence.

Sentencing considers the triad of the crime, the offender and the interests of society; suspended sentences, fines and imprisonment are options, and restorative justice and customary compensation may inform sentence.

Appeals in criminal matters: conviction and sentence appeals lie to the High Court, and further appeal to the Supreme Court requires leave; the appeal court may confirm, set aside or vary the conviction or sentence.

Requirements for a valid contract: consensus, capacity, formalities (where prescribed), legality, possibility of performance and certainty of terms; the contract must be lawful and not contra bonos mores.

Offer and acceptance: acceptance must be unqualified and communicated to the offeror; the expedition theory applies to postal acceptance and the information theory to electronic communication under the Electronic Transactions Act 4 of 2019.

Breach forms: mora debitoris (late performance), mora creditoris (creditor's default), repudiation, and positive malperformance; remedies include specific performance, cancellation and damages.

Damages are measured by the innocent party's positive interesse (performance interest) and must be foreseeable and not too remote; mitigation of loss is required.

Delictual elements: conduct (act or omission), wrongfulness (infringement of a protected interest judged by the legal convictions of the community), fault (intent or negligence), causation (factual and legal) and harm.

Negligence is tested by the reasonable person standard; the court weighs the probability and seriousness of harm against the burden of precautions and the utility of the conduct.

Vicarious liability requires an employer-employee relationship and conduct within the course and scope of employment; independent contractors do not ordinarily attract vicarious liability.

Strict liability arises in limited instances, including harm caused by dangerous animals and certain statutory schemes; the actio de pauperie and actio de pastu are examples in the property context.

The Deeds Registries Act 47 of 1937 governs registration of real rights; a deed of transfer must be prepared by a conveyancer admitted and enrolled in Namibia and lodged with the Deeds Registry.

Ownership passes on registration in the deeds registry, not on conclusion of the sale; a sale of immovable property must be in writing and signed by the parties or their agents (sale of land requirement).

The Alienation of Land Act requirements apply: the deed of sale must identify the parties, the property, the purchase price and the terms of payment, and be signed by the parties.

Mortgage bonds must be registered against the title deed; a covering bond may secure future or fluctuating debts, and cancellation requires a registered consent to cancellation.

Notarial practice: a notary public is a conveyancer with authority to attest antenuptial contracts, notarial deeds of cession, servitudes and powers of attorney; an antenuptial contract must be executed before the marriage and registered within the prescribed period to bind third parties.

Sectional titles: the Sectional Titles Act 2 of 2009 governs; a body corporate is established on registration of the sectional plan, and owners are bound by management rules.

Prescription of real rights: ownership is not lost by non-use, but servitudes may be extinguished by non-use for the statutory period; acquisitive prescription of land requires open, peaceful and uninterrupted possession for the statutory period.

Expropriation is governed by Article 16 of the Constitution and the Expropriation Act; compensation must be just and equitable, and the community's interest and the public interest are relevant factors.

The Companies Act 28 of 2004 governs incorporation, share capital, directors' duties and winding-up; a company acquires legal personality on registration and has perpetual succession.

Directors owe fiduciary duties (act in the best interests of the company, avoid conflicts, exercise care and skill) and may be liable for reckless or fraudulent trading.

Close corporations are governed by the Close Corporations Act 26 of 1988; members' interest is expressed as a percentage, and the CC has a maximum of ten members.

Insolvency: the Insolvency Act 24 of 1936 governs sequestration; requirements include a debt of at least the prescribed amount, actual insolvency, and advantage to creditors; a provisional sequestration order is followed by a final order.

Voidable dispositions include dispositions without value and undue preference of creditors made within the statutory periods before sequestration; the trustee may set them aside.

Business rescue under Chapter 6 of the Companies Act aims to rehabilitate a financially distressed company; a business rescue practitioner is appointed, and a moratorium on legal proceedings applies during rescue.

Competition law: the Competition Act 2 of 2003 prohibits restrictive practices, abuse of dominance and merger control; the Competition Commission and Tribunal adjudicate.

Consumer protection and credit: the Credit Agreements Act and Usury Act regulate credit transactions; the Consumer Protection Act 68 of 2008 (as applicable in Namibia) informs fair dealing standards.

Marriage in Namibia may be civil, customary or religious; civil marriage requires registration under the Marriage Act 25 of 1961 and is monogamous, while customary marriages are recognised under the Traditional Authorities Act and the Communal Land Reform Act framework.

In community of property, all assets and liabilities are shared; an antenuptial contract excluding community of property must be executed before a notary and registered in the Deeds Registry.

Divorce is granted by the High Court on grounds of irretrievable breakdown or mental illness; the court considers the interests of minor children, and a divorce order must address maintenance and custody.

Maintenance: the Maintenance Act 9 of 2003 provides for maintenance orders, attachment of emoluments and enforcement; the Maintenance Court has jurisdiction.

Succession: the Intestate Succession Ordinance 12 of 1946 governs intestate estates; the surviving spouse and children share, and customary succession may apply to estates of persons subject to customary law.

The Wills Act 7 of 1953 requires a will to be in writing, signed by the testator and two competent witnesses in each other's presence; a testator may revoke a will by a later will or by destruction.

Freedom of testation is limited by the maintenance claim of dependants and the doctrine of public policy; the court may make provision for a dependant not adequately provided for.

The Administration of Estates Act 66 of 1965 governs appointment of executors, the Master's supervision, and the liquidation and distribution of estates.

The Namibian Constitution is supreme; Article 1(6) provides that legislation inconsistent with the Constitution is invalid to the extent of the inconsistency.

The Bill of Rights protects civil, political and socio-economic rights; limitations must be reasonable and justifiable in a democratic society (Article 22).

Article 18 guarantees fair administrative justice; administrative action must be lawful, reasonable and procedurally fair, and reasons must be given where rights are affected.

Judicial review tests legality, rationality and procedural fairness; the court does not substitute its own decision for that of the administrator unless the decision is irrational or unlawful.

The doctrine of legitimate expectation protects a person who has been promised a benefit or a hearing; the expectation must be reasonable and induced by the administrator.

Separation of powers: the judiciary is independent under Article 78; the High Court has inherent review jurisdiction over inferior courts and administrative bodies.

Equality before the law (Article 10) prohibits discrimination on grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status; affirmative action measures are permitted.

Standing: Article 25 allows any person to approach the court for enforcement of fundamental rights where their rights are affected or where the public interest requires it.

The Legal Practitioners Act 15 of 1995 establishes the Law Society of Namibia and the disciplinary committee; practitioners must be admitted and enrolled before practising.

A legal practitioner must maintain client confidentiality, avoid conflicts of interest, act competently and diligently, and keep client funds in a separate trust account.

Trust money must be deposited into a trust banking account and may not be used for the practitioner's own purposes; trust accounts are subject to audit under the Law Society rules.

Contingency fee arrangements are restricted; fee agreements must be fair and disclosed to the client, and fees may be taxed by the taxing master.

A practitioner may not act where a conflict of interest exists, including acting against a former client in a related matter; informed consent may cure some but not all conflicts.

Advertising and touting are restricted; practitioners may not solicit clients or share fees with non-practitioners (fee-sharing prohibition).

Practice management includes proper record-keeping, supervision of staff, compliance with the Financial Intelligence Act obligations and anti-money-laundering measures.

Professional misconduct may lead to suspension or striking off; the disciplinary committee follows fair procedure and the practitioner has a right to be heard.

A legal opinion should state the facts, the question presented, the applicable law, the analysis and a clear conclusion; assumptions and limitations must be disclosed.

Pleadings must contain material facts, not evidence; a claim must disclose a cause of action, and a defence must disclose a defence to the claim.

A contract should define parties, recitals, operative clauses, representations and warranties, indemnities, dispute resolution and governing law, and signature blocks.

Drafting precision: use defined terms consistently, avoid ambiguity, prefer the active voice, and ensure conditions precedent and suspensive conditions are clearly stated.

Notarial deeds must be attested by a notary and comply with the Deeds Registries Act formalities, including the notary's certificate and signature.

Affidavits must be sworn before a commissioner of oaths, and the deponent must confirm the truth of the contents; a defective affidavit may be struck out.

Letters of demand should state the cause of action, the amount claimed, the deadline and the consequences of non-compliance, and should be sent by a method that proves delivery.

Citation and authority: refer to Namibian statutes, reported judgments (SA and Namibian reports where applicable) and secondary sources accurately; never cite an authority not verified.

Customary law is recognised as part of Namibian law under Article 66 of the Constitution and applies to persons subject to it, subject to the Constitution and statutory law.

Traditional authorities have jurisdiction over customary disputes, including land allocation and customary marriages, under the Traditional Authorities Act 25 of 2000.

Customary courts apply customary law and procedure; their decisions may be reviewed by the High Court where they exceed jurisdiction or act unfairly.

The Communal Land Reform Act 5 of 2002 governs allocation of communal land and establishes Communal Land Boards; customary land rights must be registered.

Ubuntu and customary restorative justice principles inform sentencing and dispute resolution; compensation and reconciliation may be relevant in customary proceedings.

Applied legal skills: issue identification, legal research, case analysis (IRAC), client interviewing, negotiation and drafting; these are assessed in the practical component of the qualifying examination.

Conflict of laws: where customary law and common law conflict, the Constitution prevails, and courts consider the nature of the transaction and the parties' cultural context.

Legal aid and access to justice: the Legal Aid Act and the Directorate of Legal Aid provide representation; practitioners should advise clients of pro bono and legal aid options.