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NAMIBIA
ACCESS
TO JUSTICE
PARALEGAL
MANUAL
ABOUT THIS MANUAL
This reference manual is intended to act as a guide to paralegals (Namibia's
community educator/advocates) and other people and organisations that
provide advice regarding Namibians' legal, civil, and human rights. The manual
draws on the extensive experience of the community-based paralegals who,
since 1998, have been serving their communities on a volunteer basis working
under the auspices of the Namibia Paralegal Association (NPA). These
paralegals assist Namibians with the challenges they face in their everyday lives.
The manual was written and designed by a team of lawyers and law students
working in collaboration with the NPA, with a view toward enriching the
reader's understanding of certain areas of law, the kinds of challenges that
people face in trying to advocate for their rights, and the strategi
NAMIBIA ACCESS TO JUSTICE PARALEGAL MANUAL
ABOUT THIS MANUAL This reference manual is int
ACKNOWLEDGEMENTS This Access to
From the University of Maryland, we thank Profess
TABLE OF CONTENTS PART 1 THE ROLE OF
PART 1 THE ROLE OF THE PARALEGAL
CHAPTER 1 THE IMPORTANCE OF PARALEGALS IN THE R
Mbaisana Tumbu (Additional Member), and Karel Gui
5. SERVICES THAT PARALEGALS PERFORM Paralegals pr
PART 2 PRACTICAL SKILLS FOR PARALEGALS
CHAPTER 2 PRACTICAL SKILLS FOR PARALEGALS I
CLIENT INTAKE CASE FORM Date: ....
• Using difficult legal words. For example: d
2. A description of the problem.
However, this does not mean you should question t
1. THE OPENING • Your address (or the address
DETAILED REFERRAL LETTER Ongwediva Paralegal Cen
MODEL LETTER SHOWING LAYOUT (date) 15
6.TELEPHONE CALLS Before you make a telephone cal
EXAMPLE OF A PROGRESS REPORT ON ACTIVITIES Goba
8. NEGOTIATION, MEDIATION, ARBITRATION SKILLS Con
NEGOTIATION PROCESS Identifying the goal and gett
2. MEDIATION Where two conflicting parties cannot
HALF-DAY MEDIATON SESSION 1. INTRODUCTION:
9. COMMUNITY EDUCATION AND TRAINING WORKSHOPS Edu
PART 3 NAMIBIAN SUBSTANTIVE LAW
Chapter 3 LABOUR AND EMPLOYMENT COMMON QUES
INTRODUCTION Labour law in Namibia is governed by
TABLE 1 – CALCULATION OF REMUNERATION AND BASIC W
F. NIGHT WORK “Night work” is work that is perfor
J. ANNUAL LEAVE The amount of annual leave that a
L. COMPASSIONATE LEAVE “Compassionate leave” is w
P. AUTOMATIC TERMINATION OF CONTRACTS OF EMPLOYME
4. DISPUTES CONCERNING BASIC CONDITIONS OF EMPLOY
C. SPECIAL CONSIDERATIONS FOR DOMESTIC WORKERS As
9. GETTING HELP If an employee suspects that his/
ADDRESSES OF THE LABOUR COMMISSIONER HEAD OFFICE
11. APPEALSTOTHE LABOUR COURTS The Labour Act of
CHAPTER 4 WORKERS COMPENSATION COMMON QUEST
INTRODUCTION In 1995, Namibia created an accident
7. DEATH BENEFITS The amount of the death benefit
11. RECOVERY OF COMPENSATION To receive compensat
17. PRE-EXISTING INJURIES, ILLNESSES, AND CONDITI
CHAPTER 5 DISCRIMINATION COMMON QUESTIONS A
INTRODUCTION Discrimination is the unjust or prej
3. DISCRIMINATION AGAINST PEOPLE WITH HIV OR AIDS
opportunities” means that all practices, rules, o
CHAPTER 6 MARRIAGE AND DIVORCE COMMON QUEST
INTRODUCTION The Namibian Constitution provides t
• Maintenance: Maintenance is the money or ot
C. MARITAL RAPE Rape can occur within a marriage.
4. CIVIL DIVORCE A. JURISDICTION Divorce of a ci
The court may also consider any other factor rele
A person qualifies for legal aid based on his or
Maintenance is not required once the child become
H. MISUSE OF MAINTENANCE PAYMENTS Failing to use
CHAPTER 7 DOMESTIC VIOLENCE COMMON QUESTION
COMMON QUESTIONS REGARDING DOMESTIC VIOLENCE comm
INTRODUCTION Domestic violence is violence toward
2. THE COMBATING DOMESTIC VIOLENCE ACT Domestic v
• The history of domestic violence by the accused
• Maintenance: The court may make a temporary
L TERMS OF FINAL PROTECTION ORDERS A final protec
N. PENALTIES FOR VIOLATING A PROTECTION ORDER A p
E. WHAT WILL HAPPEN IF THE ACCUSED IS CONVICTED O
WHAT SHOULD YOU DO IF A CHILD TELLS YOU ABOUT ABU
CHAPTER 8 RAPE COMMON QUESTIONS REGARDING D
INTRODUCTION Rape is a serious problem in Namibia
This list is not complete but may include other s
9. PRIVACY OF A SURVIVOR OF RAPE There are rules
After a medical exam, survivors still have th
becoming infected with HIV/AIDS, but it works onl
Some women do not want to report the rape because
trial date, to show the survivor where she/he wil
a civil case whether the accused was found “guilt
• Namibia Women’s Network (NWN) • Namibian Childr
CHAPTER 9 HIV AND AIDS COMMON QUESTIONS ABO
COMMON QUESTIONS ABOUT HIV AND AIDS WHY SHOULD I
1. HIV/AIDS IN NAMIBIA HIV and AIDS are an epidem
4.TREATMENT OF HIV/AIDS There is currently no cur
5. WHAT RIGHTS DOES A PERSON LIVING WITH HIV OR A
A. RIGHT TO EQUALITY AND FREEDOM FROM DISCRIMINAT
Consent may not be given because of force or thre
OUTLINE FOR EDUCATIONAL WORKSHOP ON HIV/AIDS The
Chapter 10 WILLS AND INHERITANCE COMMON QUE
INTRODUCTION Approaching the subject of death is
6. WHO CAN MAKE A WILL? Generally, anyone 16 year
A will cannot contain anything: (1) that would be
EXAMPLE – Bradley is married to Annika. He wished
4. MARRIED IN OR OUT OF COMMUNITY OF PROPERTY, HA
13. AMENDING A WILL A will can be amended or canc
15. EXECUTORS An executor is a person chosen by t
CHAPTER 11 MOTOR VEHICLE ACCIDENTS COMMON Q
INTRODUCTION With respect to motor vehicle accide
Claim Form MVAF 1 Notes: a) Read the headi
5. MAKING A CLAIM TO THE MVA FUND To obtain relie
• Accident Report [Pol 66], Witness Statements,
CHAPTER 12 SOCIAL GRANTS COMMON QUESTIONS A
INTRODUCTION There are several types of social gr
B. APPROVAL AND PAYMENT OF CHILD SOCIAL GRANT Onc
E. FOSTER CARE GRANT Foster parents are eligible
• Doctor’s certificate (confirming the disability
PART 4 THE CONSTITUTION AND CITIZENSHIP
CHAPTER 13 THE NAMIBIAN CONSTITUTION AND BILL O
a Minister and a Deputy Minister appointed by the
3. DEMOCRACY Democracy is a way of governing a co
4. A SUMMARY OF THE NAMIBIAN CONSTITUTION The Con
PROTECTION OF LIFE (ARTICLE 6): • Every person in
• Every Namibian citizen who is at least 18 years
the Constitution provides safeguards to make sure
CHAPTER 14 THE COURTS AND THE LEGAL PROFESSION
B. THE SUPREME COURT The Supreme Court is the hig
court will operate. The justice may not be a Memb
2. FAIRNESS, PRIVACY, AND ACCOUNTABILITY A. FAIR
You could go to a court and bring a case about ma
3. ANTI-CORRUPTION COMMISSION The Anti-Corruption
both civil and criminal matters, as well as matte
• Combating of Rape Act • Combating of Domestic V
• To promote discussion among members • To consid
CHAPTER 15 CITIZENSHIP INTRODUCTION A citiz
• IDs of both parents; • Affidavit from principal
D. REGISTRATION 1. WHO QUALIFIES FOR CITIZENSHIP
2. REFUGEES A. REFUGEE STATUS: A person is a ref
CHAPTER 16 PUBLIC PARTICIPATION INTRODUCTIO
Freedom of assembly, however, does not give you t
PART 5 APPENDICES
APPENDIX 1 THE NAMIBIAN PARALEGAL ASSOCIATION C
APPENDIX 2 LEGAL DICTIONARY/GLOSSARY A ACC
ATTORNEY (ALSO SEE LAWYER) A legal practitioner;
CONTRACT A legally binding agreement between two
DURESS A threat of harm to a person that is made
INDICTMENT The formal accusation that a person co
O OATH A solemn promise that one will tell the t
REGISTRAR An officer of a court who receives docu
APPENDIX 3 INDEX OF FORMS RELATED CHAPTER
Client Intake Form Date: Client Name: Physical A
REPUBLIC OF NAMIBIA MINISTRY OF HOME AFFAIRS
NOTE: COMPLETE ONLY PART A OR B (A) HOLIDAY / BU
F
• watching, or loitering outside or near the
No. 3094 Government Gazette 17
10 Government Gazette 17 Nove
14. What is your relationship (the victim’s
SECTION B. PARTICULARS OF PERSON MAKING THE APPLI
14. Do you have written consent from the complain
SECTION C. PARTICULARS OF RESPONDENT (the person
SECTION D. INFORMATION ABOUT THE ACTS OF DOMESTIC
6. Did anyone else see or hear this incident of a
7. Has the respondent used or threatened to use a
12. How has the abuse affected you (the victim)?
16. List other people who are being affected by t
SECTION E. TERMS OF THE PROTECTION ORDER THESE
place or address: ...............................
............ All of the contents of the joint re
Give reasons: ....................
......... The respondent is refused all contact
NOTE: You should now look back through this form
FORM 14
SECTION B. PARTICULARS OF RESPONDENT (the person
.................................................
foRM a
.................................................
(c) Other contributions (for example medical a
Expenditure (per month) Self beneficiary(ie
Expenditure Self beneficiary(ies) Total
Oath/Affirmation 1. I certify that before adm
foRM e FORM E (Regulation 8) Maintenance
and/or *(b) ....................................
F ORM K
2005 4th
Form: Notification of a Grievance Name of grieved
Form: Application for Leave Employee Nam
DECLARATION FOR LATE SUBMISSION OF A CLAIM
REPUBLIC OF NAMIBIA Form13 S
TO BE COMPLETED BY THE EMPLOYER: 1. Name of Empl
REPUBLIC OF NAMIBIA Form 1
OFFICE OF THE Form1
REPUBLIC O
The Chief Executive Officer Social Security Commi
MEDICAL CERTIFICATE TO BE COMPLETED BY A MEDICAL
REPUBLIC OF NAMIBIA
Claim Form MVAF 1 Notes: a) Read the headi
SECTION 2 Details of Claim Place a tick √ fo
SECTION 4 Details of Income Fill in if claim
SECTION 6 Police Report To be completed by the
o) Give summary of accident facts Police Stam
j) Doctor to provide full details of the nature o
q) If yes to questions (m), (n), (p) above, pleas
Section 8 Banking Details If you want your
The Chief Executive Officer Social Security Commi
TO BE COMPLETED BY THE EMPLOYER: 1. Name of Empl
REPUBLIC OF NAMIBIA Form 18
The Chief Executive Officer Social Security Commi
DISABILITY INFORMATION Medical certificate to be
SAMPLE WILL I, ____________________________ [NAM
WITNESSES: ________________________________ _____
247