Sources of Namibian Law | Foundations of Namibian Law (Unit 5)

Where does a Namibian judge actually find the law she must apply? This lecture answers it completely: six primary sources, each anchored in the Constitution, plus the secondary sources that persuade but don't bind. In this lecture: • The Constitution — the supreme source (Art 1(6), Art 140) • Legislation — Parliament's written law (Art 44) • Case law — stare decisis, ratio vs obiter (Art 78, Art 81) • Common law — Roman-Dutch, received via Proclamation 21 of 1919 • Customary law — recognised under Art 66(1) • International law — monist, straight in under Art 144 • Exam technique: the six-source answer skeleton Key authorities: Paschke v Frans (frozen vs living common law), Van Breda v Jacobs (the four requirements for custom), and S v Haulondjamba (proving customary law). UNAM LLB Year 1, module L3511BF. ▶ Full series: [playlist link] Namibian Law Explained — shaping Namibia's next generation of lawyers. 🔔 Subscribe for the full Foundations course. #NamibianLaw #SourcesOfLaw #Constitution #CustomaryLaw #UNAM #LLB