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Constitutional Law: The Rule of Law

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Welcome to the My Easy LLB Namibian Law Blog! These are notes on the the Rule of Law.  If you’re taking Constitutional Law as a module, chances are you’ve encountered the phrase, ‘Rule of Law’ during a lecture or at least glimpsed it on your course outline. It’s likely going to come up throughout your legal studies, so it’s in your best interests to get a grip on it now. Here are some notes you can keep with you to jog your memory whenever you need to. They are not an academic reference. Use them to help you study. You'll also get a sweet, little, bitesized graphic at the end to help jog your memory of this topic whenever you need to 🤓✌️ What is the Rule of Law? According to the World Justice Project (2017), the Rule of Law is “a durable system of laws, institutions, norms, and community commitment that delivers accountability, just laws, open government and accessible justice”, those being its four pillars or principles. My Democracy Tree (n.d.) adds another pillar, being that a ...
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Case Summary: Erasmus v Wiechmann (I 1084/2011) [2013] NAHCMD 214 (24 July 2013)

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  Welcome to the My Easy LLB Namibian Law Blog! This law of contract case analysed and determined the enforceability of a pactum contrahendo , or agreement to agree. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) ______ Facts - The plaintiff and the first defendant (hereinafter the defendant) both sought to run the business of the second defendant; - In terms of 'Exh A' ('the agreement' which formed the basis of the plaintiff's claim), the plaintiff claimed certain amounts from the defendant pursuant to the latter's alleged failure to transfer the plaintiff's membership interest in the second defendant or, alternatively, payment out of the same's financial turnover for certain years; - The defendant claimed that the plainti...
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Case Summary: Minister van Polisie v Ewels

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  Minister van Polisie v Ewels 1975 (3) SA 590 (A) [8] Welcome to the  My Easy LLB Namibian Law Blog! This case surrounded the question of whether the police are responsible for stopping an assault that takes place in their presence. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) ______ Facts Fellow police officers stood and watched idly as an off-duty police sergeant violently assaulted an ordinary citizen in a police station; It would have been reasonably possible, even easy, to have prevented or put an end to the attack. The respondent sued and won damages from the appellant and this is an appeal of that judgement. Issue Did the fellow police officers act wrongfully in their omission to stop the attack, i.e. does a policeman/woman on duty, if (s...
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Case Summary: Cohen, NO v Segal 1970 (3) SA 702 (W)

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  Welcome to the  My Easy LLB Namibian Law Blog! This company law case was concerned with capital maintenance with regard to shares, shareholders and members. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) ______ Facts Before the liquidation of a company, the defendant and another (who were sole directors and shareholders of the company) sold the fixed property of the company and shared the proceeds as dividends. Issue Can the directors of a company pay dividends out of capital? Rules Judicial precedent: -          Boyd v Commissioner for Inland Revenue , 1951 (3) SA 525 (AD)  F at p. 534: A shareholder is not entitled to claim his  aliquot  share of the profits made by...
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Introduction to Family Law: Glossary

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  Welcome to the  My Easy LLB Namibian Law Blog! Below you will find a few terms and phrases that you may come across frequently in your study of family law.  This list is non-exhaustive but it might be an ice-breaker for all that legalese and, just maybe, might spare you from being caught off guard by your lecturer, looking like  😳 This glossary is not an academic reference. Use it to help you study. Here we go! ________ actio iniuriarum – an action by means of solatium.
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Case Note: Chisholm v East Rand Proprietary Mines Ltd

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  Welcome to the  My Easy LLB Namibian Law Blog! This is a case note on the Law of Persons and not a full case summary. It is intended to jog your memory about the facts of the case and the principle(s) it established. ( Tip: Use the sidebar to browse other study materials on this subject ). Short Facts - The plaintiff's husband was employed by the defendant company;  - her husband was killed due to the negligence of her husband's  colleague ; - the plaintiff was pregnant when her husband was killed; - she claimed damages from the defendant, claiming that her husband's death was partly due to the  defendant's  negligence (vicarious liability).  Main Issue Does the unborn child have an independent right of action? Principle RE: Nasciturus fiction: If an unborn child’s father is killed, the child has an independent right of action, apart from his/her mother, against the person who has killed his/her father . 🍎
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Introduction to Law: What is Law?

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Welcome to the My Easy LLB Namibian Law Blog! These are notes on the meaning of the law . They are not an academic reference. Use them to help you study. These notes will briefly explain  what makes  the law, i.e. legal rules, different from other rules. ________ Law is a complex concept 😕   There is a consensus amongst writers that it is difficult to define 'law' in a way that captures all its angles. We can go with Amoo’s definition and say that law is a 'body of rules and regulations (or norms) that govern and regulate the conduct and behaviour of the individual in the society for the preservation of order in the society ' (Amoo 2008, p. 6). Most of the law consists of rules which prescribe how people should behave; these rules create terms, competencies and so on (Hage et al., 2017). While terms like ‘rule’, ‘norm’, ‘guideline’, ‘regulation’, etc., also refer to and influence and govern human behaviour, legal rules are binding and this binding nature sets them...
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