Namibia Legal Practitioners' Qualifying Examination study guide
Namibia Legal Practitioners' Qualifying Examination · Work through your exam, one topic at a time.
The Legal Practitioners' Qualifying Examination is the assessment that aspiring attorneys in Namibia must clear before the Board of Legal Education admits them to practise. It sits at the bridge between academic legal study and the supervised practice of law: candidates have usually completed their LLB and their period of practical training, and the examination tests whether they can apply the law the way a working practitioner must - advising a client, drafting process, appearing in motion proceedings, managing a file. The Namibia Legal Practitioners' Qualifying Examination study guide has 10 sections and about 3,201 words.
01Civil Procedure and Litigation Practice
The domain tests your ability to move a civil claim from demand to execution in the High Court (High Court Act 16 of 1990) and the lower courts (Magistrates' Courts Act 32 of 1944). First identify the cause of action, standing and jurisdiction.
387 words, about 2 min02Criminal Procedure and Evidence
The domain covers the Criminal Procedure Act 51 of 1977 as applied in Namibia, read with Articles 11 and 12 of the Constitution. An arrest must be lawful, the suspect must be informed promptly of the reason, and the person must be brought before a court within the constitutional 48-hour period (or the next court day).
394 words, about 2 min03Law of Contract and Delict
Namibian contract law is Roman-Dutch common law. Formation requires consensus, capacity, legality, certainty and, where prescribed, formalities.
333 words, about 2 min04Property Law, Conveyancing and Notarial Practice
The domain tests ownership, possession, servitudes, usufruct and mortgage, and the conveyancing and notarial formalities that make them enforceable. Ownership of immovable property passes only on registration in a deeds registry under the Deeds Registries Act 47 of 1937; delivery with intention to transfer passes ownership of movables.
337 words, about 2 min05Company, Commercial and Insolvency Law
The Companies Act 28 of 2004 governs incorporation, the memorandum and articles, share capital, directors and winding up; the Close Corporations Act 26 of 1988 governs close corporations. A company is a separate legal person, so members are not liable for its debts save for unpaid share capital or personal guarantees.
341 words, about 2 min06Family Law and Succession
Civil marriages are solemnised under the Marriage Act 25 of 1961. Community of property is the default proprietary regime; the Married Persons Equality Act 1 of 1996 abolished marital power and improved the position of wives.
305 words, about 2 min07Constitutional and Administrative Law
The Constitution is supreme (Article 1(6)). Chapter 3 protects rights including equality (Article 10), fair trial (Article 12), privacy (Article 13), family (Article 14), property (Article 16), administrative justice (Article 18) and freedom of expression (Article 21).
259 words, about 1 min08Legal Ethics, Professional Conduct and Practice Management
The Legal Practitioners Act 15 of 1995 and the Law Society of Namibia regulate admission, enrolment, discipline and practice. Practitioners owe duties to the court, to clients, to third parties and to the profession.
304 words, about 2 min09Drafting of Legal Documents and Opinion Writing
A pleading must state material facts, not evidence, and must include a prayer and a signature. In particulars of claim, plead the parties, jurisdiction, the contract or delict, the breach, and the damages with particularity.
264 words, about 1 min10Customary Law and Applied Legal Skills
Article 66(1) of the Constitution makes customary law part of Namibian law, subject to the Constitution and statutory law. Customary law is applied by traditional authorities and community courts under the Traditional Authorities Act 25 of 2000 and the Community Courts Act 10 of 2003.
277 words, about 1 min