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ELL812S - Evidence In labour Law - 1st Opp - October 2025 |
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nAmlBIA UnlVERSITY
OF SCIEnCE AnD TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES AND EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: BACHELOR OF EMPLOYMENT AND LABOUR RELATIONS HONOURS
QUALIFICATION CODE: 08 BERH
LEVEL: 8
COURSE CODE: ELL812S
COURSE NAME: EVIDENCE IN LABOUR LAW
SESSION: OCTOBER 2025
PAPER: THEORY
DURATION: 3 HOURS
MARKS: 100
FIRST OPPORTUNITY QUESTION PAPER
EXAMINER(S) MR OHMS M KAYAMA
MODERATOR: DR FELIX MUSUKUBILI
1. Answer ALL the questions.
INSTRUCTIONS
2. Write clearly and neatly.
3. Number the answers clearly.
PERMISSIBLE MATERIALS
1. EXAM PAPER.
2. PEN AND PENCIL.
THIS EXAM QUESTION PAPER CONSISTS OF 3 PAGES (Including this front page)
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Question One
1.1 Discuss the scope and 5 (FIVE) sources of the law of evidence in Namibia as they pertain
to labour dispute resolution.
(10)
1.2 Define the following Latin legal maxims and explain their relevance in the context of
disciplinary or arbitration proceedings under Namibian labour law: (10)
a) Audi alteram partem
b) He who alleges must prove (onus probandi)
c) Res ipsa /oquitur
d) Nemo iudex in causa sua
e) Cui bona?
[20]
Question Two
Critically discuss the difference between the burden of proof and the standard of proof in
disciplinary and arbitration proceedings. Support your answer with relevant examples and
authorities from the Labour Act 11 of 2007 and relevant case law. (20)
[20)
Question Three
A. Read the information below about evidentiary burden and determine who must prove
the circumstances and how can it be proven.
3.1 There was a dismissal.
(2)
3.2 There is a rule governing the offence.
(2)
3.3 The employee knew about the rule or could be reasonably be expected to know about
the rule when the offence was committed.
(2)
3.4 The rule is legitimate and reasonable.
(2)
3.5 The employee was constructively dismissed. (2)
B. Do the following statements amount to direct or circumstantial evidence. (2)
(i) Hilma hears shrieks and sees Natangwe holding a gun running from the house
where Simasiku is later found dying from gunshot wounds.
(ii) Hilma testify that she had seen Natangwe shot Simasiku.
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C. List 4 (FOUR) examples of evidence that may be unreliable if not properly proved or
corroborated.
( 4)
D. Explain what is meant by the statement that says. Documents do not "speaks for
themselves"
( 4)
[20]
Question Four
4.1 An employee, Tonia Guriras (Payroll Specialist), is accused of unauthorized salary
adjustments with no witnesses, but audit logs show manual edits from her login. Can she
be found guilty based on this documentary evidence alone? Explain. (5 marks)
4.2 Jessica Afrikaner, a supervisor in the Legal Department, was not given the opportunity to
cross-examine Chester Likando, the HR Specialist who accused her of favouritism. Is this
procedurally fair? Explain your answer. (5 marks)
4.3 Ligamena Angula faces a disciplinary hearing chaired by Duane Dausab, who is a close
friend of the complainant and initiator, Getrude Xawes. Can Ligamena claim bias? Explain
with reference to legal principles. (5 marks)
4.4 Critically discuss the ethical distinction between preparing a witness and coaching a
witness in labour matters. Why is this distinction important for ensuring procedural
fairness? (5 marks)
[20]
Question Five
Assume you are chairing a disciplinary hearing at Namibia Ports Authority (Namport). The
initiator, a certain John seeks to submit a WhatsApp voice note and a printout of an
anonymous email as evidence of gross misconduct.
Discuss, with reference to the principles of admissibility, whether such evidence would be
admissible or inadmissible. Consider relevance, hearsay, authenticity, privilege, fairness and
procedural fairness.
[20]
Total Marks [100]
................................................. END OF EXAMINATION PAPER .................................................
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