LECTURE NOTES

HND
COURSE
MEDICAL LAW
STEM HIGHER INSTITUTE

COURSE INSTRUCTOR
MABU RENE NGALA
[email protected]
Tel: 683189790/629323346

UNIT 1: INTRODUCTION
A. What is law?
Law can be defined as a body of legal rules and regulations adopted by the state governing the
conduct of her citizens of which non respect of these rules will bring about sanctions. In every
society there is a law and law varies from one society to another known as "ubi societa ibi jus".
The non-respect of law leads to the application of sanctions. Sanctions can be criminal or civil.
Criminal sanctions are governed by the criminal procedure code whose remedy are; death sentence,
loss of liberty (imprisonment) and payment of fines while civil sanctions are those governed by the
Civil code whose remedy is payment of damages in monetary terms to the victim per article 1382
and 1384 of the civil code as well as other related laws. Civil remedies are compensation
(damages), specific performance, injunctions, cancellation, restitution, and rescission.
B. Classification or branches of law
There are various ways in which the law may be classified; the most important are as follows:
Public and private law.
a). Public law

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Public law is concerned with the relationship between the state and its citizens. Or better still Public
law is defined as a part of law which governs the relationship between particulars (individuals) and
the state, between the different organs of the State, the rules of public are therefore orientated
towards the satisfaction of collective interest. Their violation is sanctioned by the tribunal or courts
of administrative order, the constitutional order in the countries where the constitutional justice is
autonomous like in France. Example of public law courses are administrative law, Constitutional
law and public finance law.
A constitution sets out the fundamental principles by which the state is governed. It
describes the main institutions of the state, and defines the relationship between these
institutions (for example, between the executive, legislature and judiciary). It places limits
on the exercise of power, and sets out the rights and duties of citizens.
b). Private law
Private law is primarily concerned with the rights and duties of individuals towards each other. The
state's involvement in this area of law is confined to providing a civilized method of resolving the
dispute that has arisen. Thus, the legal process is begun by the aggrieved citizen and not by the
state. Private law is also called civil law and is often contrasted with criminal law. Private law can
also be defined as a part of law which governs the relationship between individuals or physical and
moral persons.
These rules of law are orientated towards the satisfaction of individual interest. Their violation is
sanctioned by the tribunal of judicial order. Examples of private law courses are human right law,
labour law, family law, law of succession; law of obligation etc. Private law is also called civil law
and is often contrasted with criminal law. Criminal law can be both public and private law.
c). Administrative law
There has been a dramatic increase in the activities of government during the last hundred years.
Schemes have been introduced to help ensure a minimum standard of living for everybody.
Government agencies are involved, for example, in the provision of a state retirement pension,
income support and child benefit. A large number of disputes arise from the administration of these
schemes and a body of law, administrative law, has developed to deal with the complaints of
individuals against the decisions of the administering agency.

d). Criminal law

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Certain kinds of wrong doing pose such a serious threat to the good order of society that they are
considered crimes against the whole community. The criminal law makes such anti-social
behaviour an offence against the state and offenders are liable to and punishment. The state accepts
responsibility for the detection, prosecution punishment of offenders.
Criminal liability or responsibility is holding a person is liable or responsible for a crime/offense
when he or she has acted with criminal intent, as opposed to acting accidentally or lacking the
ability to act deliberately. S.17 of the penal code provides that an offense is only as defined by the
law.
Substantive and procedural laws
Substantive law is the set of laws that governs how members of a society are to behave. It is
contrasted with procedural law, which is the set of procedures for making, administering, and
enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and
crimes and punishments in criminal law. It may be codified in statutes or exist through precedent
in common law.
Common law
common law (also known as judicial precedent or judge-made law, or case law) is the body of law
created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.
The defining characteristic of common law is that it arises as precedent. In cases where parties
disagree on what the law is, a common law court looks to past precedential decisions of relevant
courts, and synthesizes the principles of those past cases as applicable to the current facts. If a
similar dispute has been resolved in the past, the court is usually bound to follow the reasoning
used in the prior decision (a principle known as stare decisis). If, however, the court finds that the
current dispute is fundamentally distinct from all previous cases (called a "matter of first
impression"), and legislative statutes are either silent or ambiguous on the question, judges have
the authority and duty to resolve the issue (one party or the other has to win, and on disagreements
of law, judges make that decision).[4] The court states an opinion that gives reasons for the
decision, and those reasons agglomerate with past decisions as precedent to bind future judges and
litigants. Common law, as the body of law made by judges, stands in contrast to and on equal
footing with statutes, which are adopted through the legislative process, and regulations, which are
promulgated by the executive branch (the interactions among these different sources of law are
explained later in this article). Stare decisis, the principle that cases should be decided according

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to consistent principled rules so that similar facts will yield similar results, lies at the heart of all
common law systems. The common law, so named because it was "common" to all the king's courts
across England.
Equity
Equity is a particular body of law that was developed in the English Court of Chancery. Its general
purpose is to provide a remedy for situations where the law is not flexible enough for the usual
court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with
its historical origins in the common law system used in England. However, equity is in some ways
a separate system from common law: it has its own established rules and principles, and was
historically administered by separate courts, called "courts of equity" or "courts of chancery"
Civil law
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The
civil law system is intellectualized within the framework of Roman law, and with core principles
codified into a referable system, which serves as the primary source of law. The civil law system
is often contrasted with the common law system, which originated in medieval England, whose
intellectual framework historically came from uncodified judge-made case law, and gives
precedential authority to prior court decisions.
Conceptually, civil law proceeds from abstractions, formulates general principles, and
distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate
to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not
synonymous.
Common law Civil law
Originates from England mainland Europe, principally Romano-
Germanic law
Based on binding precedents, judge made law Rules are codified
Judges have the latitude to interprete and draw Judges decisions are based on rules provided
inspiration by the code
Recognition of equity in the passing of Little interference of equity
judgments
Adversarial system of law in trial and Inquisitorial system in trial and prosecution.
prosecution.

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An accused is innocent until proven guilty. An accused was considered guilty until proven
innocent.

C. Aims or functions/finality of law

• Maintenance of public order, peace, tranquillity, dignity, and sanitation measures
• Correction of someone's morality
• Prevention of further commission of crimes
• Re-socialization
• public disapproval of certain conducts
• Law maintains peace and order in a society.
• Law resolves or settles social disputes between citizens in a country.
• Law regulates human conducts in a society.
• Law act as a standard settling and control mechanism in a society.
• Law defines the right and obligations of citizens in a country.
• Law structures the organs of government and confesses to them the power they exercise.
• Law acts as an instrument of communication and enforcement of social value.

D. Characteristics of law
Law possesses three main characteristics. It is general, permanent and coercive.
i). Law is general
Law is general because it is meant to be applied to all those living within the territory of the state.
It is therefore common to all, particularly all those who live within the territory. We say here that
law is objective and impersonal. The general character of law means that the law is applicable to
all n the society without any distinction. This is why article 1 of the Cameroon penal code affirms
that "all men without distinction are equal before the law the general character of law is a guarantee
against arbitral rule and discrimination of persons. It is worth mentioning the principle of
impersonality of the law can be a source of injustice. For example, the situation of minors and
majors who are insane per article 1384 of the civil code
ii). Law is obligatory or coercive
The coercive nature of law implies that law is obligatory and imposed on all those living within the
territorial jurisdiction of the state. It has a constraining character due to the aims or finalities it

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seeks to pursue or achieve for instance social order, social order, social justice and social security.
Any violation of this law may lead to sanctions. Law may place a number of obligations which are
more or less strict 10 example a tax payer must pay his tax and if not he will be sanctioned. On the
other hand, a medical doctor does not have the obligation to cure his patients but can on provide
the necessary medication that can help the person to recover.
iii). Law is permanent
For law to be permanent it must be in a written form, so that if violated sanctions will be easily
traceable and applicable. This explains why the civil code and criminal procedure code are in place.
iv). The violation of law leads to punishment
The non-respect of law by citizens in a given society always brings about sanctions punishment.
Law should be backed by sanction
v. Law must emanate from a constituted authority.
vi. Law must emanate from a constituted authority.
E. Sources of Law
Question
State and explain any 4 sources of law in Cameroon
1. Constitution
The constitution is the supreme law (highest law of the land) from which other laws derive their
validity. It defines the organs of the state and also the relationship between these state organs and
the citizens.
Any other law that is contrary or inconsistent with the provisions of the constitution shall be null
and void. (The constitution we use today in Cameroon is the 1996 constitution amended by the
2008 law)
• Local statute or legislation.
These are laws that emanate from the main legislative aim of the state (parliament) and other bodies
or authorities empowered by the law to do so. Local statute will therefore include: law, ordinance,
decree and administrative decisions.
• Customs
A custom is the practice, traditional, believe or way of life of people living within a given
community or society. For a custom to be consider as law in Cameroon, the custom must fulfill the
provisions of section 27 of the southern Cameroon High court laws of 1955, (27 SCHL 1955),

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according to this section, customs is only considered as law if that custom is not repugnant
(contrary/ against) to equity, natural justice and good conscience.
It goes further to state that the custom should not be contrary to the policies of the state, must have
existed for a long period of time, observed as upright and accepted by all.
• Received foreign laws
These are laws inherited from colonial masters. On the 12th July 1884 after the signing of the
German Douala treaty between the Cameroonian kings and German authority, the kings handed
over their sovereignty and administration to the German authority. In 1914 due to the outbreak of
WW1, Britain and France decided to extend the war to Cameroon.
At the battle of Mora Germany was defeated and sent out from Cameroon. The territory at this
moment was administered by Britain and France. The two parties attempted to form a joint
administration (condominium) but it failed.
In 1916 Cameroon was a partition between the two parties with France taking the lion share 4/5
and Britain 1/5. France introduced the civil law system in their own part of the territory which is
practised to date in the French-speaking regions of Cameroon.
The British introduced the common law system in their own part of the territory which is practised
to date in the English speaking regions of Cameroon.
• International treaties and conventions
An international treaty is an agreement between two or more states. According to section 45 of the
constitution, all international treaties duly ratify by parliament shall be enforced in Cameroonian
courts. In a situation where a national law is in conflict with a treaty, the treaty shall override the
national law.
• Binding precedents or case law
This is a common law doctrine or practice whereby decisions of the past cases are used to deliver
a present judgment. This reduces efforts and time and it is mostly used when both cases have similar
material facts.
State and explain any 4 sources of law in Cameroon

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UNIT 2: CRIMINAL LAW

A. Classification of offences

An offence is any act or conduct prohibited and punished by the criminal law (penal code).
Offences shall be classified as felonies, misdemeanours and simple offences according to the
principal penalties provided for them, as follows:
a felony shall mean an offence punishable with death or with loss of liberty for a maximum of
more than 10 (ten) years and fine where the law so provides:
a misdemeanour shall mean an offence punishable with loss of liberty or with fine, where the loss
of liberty may be for more than 1O (ten) days but not for more than 10 (ten) years, and the fine
more than CFAF 25 000 (twenty-five thousand)
a simple offence shall mean an offence punishable with imprisonment for up to 10 (ten) days or
with fine of up to CFAF25 000 (twenty-five thousand).
The nature of the offence shall not be affected by:
modification of the penalty imposed by reason of an excuse or of mitigating circumstances or
aggravation of the penalty.
B. Constitutive elements of an offense

1. Criminal Act (Actus Reus)

Actus reus, which is Latin for “guilty act,” refers to any unlawful act or unlawful omission of an
act that takes place. An act must be voluntary—the defendant must control the action—in order for
it to be deemed a criminal act. If a defendant acts on reflex, then they may not be liable for their
actions.
Words can in fact be considered criminal acts and incur the following charges: purgery, verbal
threats, conspiracy, or solicitation. Thoughts, on the other hand, are not considered a criminal act
but can instead contribute to the second element: intent.
2. Criminal Intent (Mens Rea)
In order for a criminal act to qualify as a crime, the mental state of the perpetrator must be taken
into consideration. The theory of mens rea dictates that a defendant can only be held culpable when
there is criminal intent.

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What is meant by the concept of mens rea, however, varies widely. In 2016, the US Supreme Court
issued a decision that backed the American Law Institute’s definition of the term in their Modern
Penal Code (MPC). The MPC states that an individual may be considered guilty if they have acted
purposely, knowingly, recklessly, or negligently.
3. Concurrence
Concurrence refers to the coexistence of criminal intent and a criminal act. Without evidence that
the mens rea preceded or occurred at the same time as the actus reus, then the burden of proof falls
short.
4. Causation
This fourth element of a crime is present in most, but not all criminal cases. Causation refers to the
relationship between the defendant’s conduct and the end result. The prosecution must prove
beyond a reasonable doubt that the defendant’s actions were what led to the resulting crime in
question, which is typically harm or injury.

C. Types of penalties
1. Principal penalties

The following are principal penalties:

a) for natural persons:
• death penalty
• imprisonment
• fine

b) for corporate bodies

• dissolution
• temporary or final closure
• fine
2. Alternative Penalties

The following are alternative penalties:

• community service
• reparatory sentence.

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3. Accessory penalties

The following are accessory penalties:

a) for natural persons
• forfeiture
• publication of the judgment
• closure of an establishment
• confiscation

b) for corporate bodies:

• ban, for a specified period of time, on the direct or indirect exercise of any or all of its
activities
• placement under judicial supervision for a specified period of time
• closure, for a specified period of time, of establishments or branches having served in the
commission of offences
• publication or media broadcast of the judgment
• any other accessory penalties provided for by special instruments.
4. Preventive measures

The following are preventive measures:

a) for natural persons:
• ban on exercise of activity
• preventive confinement
• post-penal supervisor or assistance,
• confinement in a special health institution
• confiscation

b) for corporate bodies:

• ban on exercise of activity for a specified period of time
• confiscation
• placement under judicial supervision, for a specified period of time.
D. Defences to criminal responsibility

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Accident and Physical Compulsion
Insanity: No criminal responsibility shall arise from the act or omission of a person suffering from
mental illness which deprives him of all will-power or of the knowledge that what he does is
blameworthy. Mental illness whose consequences are only partial shall diminish responsibility.
Intoxication: Involuntary intoxication shall have the same effect as mental illness.
Infancy: No criminal responsibility shall arise from the act or omission of a person aged less than
10 (ten) years. An offence committed by a person aged not less than 10 (ten) years and not less
than 14 (fourteen) years may attract only such special measures as may by law be provided. For an
offence committed by a person aged over 14 (fourteen) and under 18 (eighteen) years,
responsibility shall be diminished.
A person aged 18 (eighteen) years or over shall be responsible as an adult. The age relevant to this
Section shall be that attained at the date of commission.
Threats: No criminal responsibility shall arise from submission to threats, not otherwise avoidable,
of imminent death or of grievous harm as defined by this Code.
Provided that where the act committed is defined as an offence punishable with death or has
resulted in death or in grievous harm, the responsibility of the person committing the act shall be
merely diminished. This Section shall not apply to a person who has voluntarily exposed himself
to the risk of such threats.
Compulsion: Responsibility shall be diminished for an offence committed by a person aged less
than 18 (eighteen) years under the compulsion of his parents or of the person having charge of him,
or responsible for him under customary law; by an employee or subordinate under the compulsion
of his employer or superior.
Obedience to Lawful Authority: No criminal responsibility shall arise from an act performed on
the orders of a competent authority to whom obedience is lawfully due. This Section shall not apply
where the order is manifestly unlawful.
Lawful Defence: No criminal responsibility shall arise from an act dictated by the immediate
necessity of defence of the person acting or of any other person, or of any right of himself or of
any other, against an unlawful infringement:
Provided that the means of defence be proportionate to the seriousness of the infringement
threatened. Intentional killing shall be proportionate to attack causing a 1easonable apprehension
of death of grievous harm as defined by this Code of rape or of sodomy.

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Provocation: Responsibility shall be diminished for an offence immediately provoked by the
unlawful act of another against the offender or, in his presence, against his spouse, descendant or
ascendant, brother or sister, employer or employee, or a minor or incapable in his charge.
Provided that the reaction be proportionate to the provocation.
Intentional killing or wounding shall be proportionate to a provocation by violent blows or injuries.
Intentional killing or wounding of a spouse or of his or her lover shall be proportionate to the
provocation of finding them in the act of adultery.
In order to diminish responsibility provocation must be of a kind to deprive an ordinary person of
self-control.
State of Necessity: No criminal responsibility shall arise from an infringement of a right of
property, not justified as lawful defence under Section 84, but inflicted in order to protect the person
acting or any other person, or his or another's property, from a grave and imminent danger not
otherwise avoidable. Provided that the means of protection be proportionate to the harm.

UNIT 3: JUDICIAL ORGANIZATION

Judicial organization will warrant us to look at how our Cameroonians court are organized and how
they function.
a). What is a court?
A trial court has been defined based on the wordings of section 288 (1) of the CCPC to mean a
legal body responsible for hearing and determining any matter brought before it in compliance with
the law and where applicable, pronouncing the penalty or measure provided for by the law.
b). Classification of courts
We have courts of original jurisdiction (Court of First Instance and High Court), appellate
jurisdiction (Appeal and Supreme Court) and courts of special jurisdiction (Court of Impeachment,
Military Court, State Security Court, Special Criminal Court and Constitutional Council).
The Criminal Procedure Code considers the following courts as ordinary courts of law: Court of
First Instance, High Court, Appeal and Supreme Court. It will be necessary to proceed by looking
at how these courts of ordinary jurisdictions are organized and their various levels of competence
as seen below.
A). Courts of original jurisdiction

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We shall look at courts having original jurisdiction below.
i). Court of first instance
We shall look at the organization and competence of the Court of First Instance.
a). Organization of the court
The organization is done by law no. 2006/015 of 29 December as amended and
Supplemented by certain provisions of law no. 2011/027 of 14 December 2011 on
Judicial organization. This court is situated in each sub-division and may cover several sub-
divisions through the presidential decree and it is always situated at the chief town of the sub-
division. This court shall be organized into Benches (at the bench we have a President, one or more
Magistrates, one Registrar in chief and registrars) and also we have the General Assembly where
one of it takes responsibility to carry out preliminary inquiry (one or more Examining Magistrates,
one or more Registrars) and the legal department (a State Counsel, one or more deputy State
Counsels).
b). Competence of the court
With regards to its competence, section 13 of the 2006 law on judicial organization, holds that the
court shall hear cases or matters outside its seat. With regards to criminal matters, the court shall
be competent to try all offences classified as misdemeanors or simple offences, to hear applications
for bail, lodged by persons detained or charge with criminal offences with its jurisdiction and try
felonies committed by minors without adult co-offenders or accessories. The court also has
competence to try civil, commercial or labour matters and the court hear matters where the amount
of damages does not exceed 10 million CFA francs as held by section 15 (1) b of the 2006 law on
judicial organization. It should be noted that when hearing a criminal matter, the court shall as have
provided by the law have jurisdiction to try actions for damages resulting from the commission of
an offence, it shall have jurisdiction even where the amount of damages claimed is above 10 million
CFA francs as per section 15 (3) (b) of the 2006 law.
ii). High court
Each region shall contain a High Court
a). Organization of the court
This court shall be situated in the chief town of the division. The court's organization is same as
that of the Court of First Instance mentioned above.
b). Competence of the court

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As regards the competence of the court, the court shall hear matters outside its seat as held by
section 16 (1) of the 2006 law. Also its competence can also be felt in criminal matters when it
concerns trying felonies and related misdemeanors, hear and determine applications for bail lodged
by persons detained or charged with criminal offences within its jurisdiction. When it goes to civil,
commercial and labour matters the court can hear and determine suits where the amount of damages
claimed exceeds 10 million CFA francs. The court also recovers by way of simplified procedure
all unquestionable, liquid and due, civil and commercial debts exceeding 10 million CFA francs as
well as all unquestionable, liquid and due commercial claims, of whatever amount, where the
obligation arises from a cheque, a promissory note or a bill of exchange. Its competence is felt in
non-administrative matters as it hears and determines all applications for an order prohibiting any
person (s) or authority from doing or performing any act in respect of which he is not entitled or
competent to do by law.
Also hear and determine all applications for an order commanding any person (s) or authority to
do or perform any act which he is required to do by law.
B). Courts of appellate jurisdiction
We shall look at the supreme and appeal court.
i). Appeal court
We can also make allusion to the Appeal Court. This court shall be established in each region and
it is situated in the chief town of each region.
a). Organization of the court
The court shall be organized in benches (presidents, one more judges, one registrar in chief and
registrars) and the General Assembly.
b). Competences of the court
The court shall be organized in benches (president, one or more vice presidents.
The court has competence to hear,
Appeals against judgment delivered by courts, with the exception of s delivered by the Supreme
Court and the court of Appeal itself
Appeals against rulings of the Examining Magistrate;
Disputes in connection with execution of its decisions
ii). Supreme Court

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The Supreme Court is the highest court in the country when it concerns legal and administrative
matters as per section 38 (1) of law no 96/06 of the 18 January 1996.
a). Organization of the court
This court is composed or organized in 3 benches: the administrative, judicial and audit bench.

b). Competences of the court

Looking at the competence of the court, the judicial bench gives final ruling on appeals against
rulings given by various courts of the country.
The administrative bench examines all administrative disputes or litigations (petitions for
cancellation of acts on the grounds of ultra vires, claims for loss caused by an administrative
measure, disputes concerning State Lands, administrative trespass on private lands, and any
arbitrary steps by the administration against liberty and property), that is legislation involving the
State, local authorities and public corporations. Also, this court as per section 40 of the 1996 law
examines appeals on regional and council election disputes. The audit bench of this court is
competent to control and rule on public accounts and semi-public accounts. It also gives final ruling
on judgment passed by lower audit courts and also handles matters devolving upon it by law.
C). Courts of special or exceptional jurisdiction
Courts with special or exceptional jurisdiction will be discussed below.
i). Military Court
This is created to have competence over the national territory.
a). Organization of the Court
This court was created with ordinance Ne 72/5 of 26/8/1972 which previews in its art the possibility
of this court to audience in all localities on the decision of the president of the republic or by
delegation of the minister in charge of defence, This
Ordinance has been modified by Law no 2008/015 of 29th Dec 200%. The military court comprises
of a president who can either be a magistrate or an officer of armed-forces (military) in case of
prevention, the president is replaced by the magistrate of the judicial (civil) order, or a magistrate
or officer of armed forces of the highest rank and age. It equally has two assistants and judges
haying deliberative means who can be magistrates of judicial order, being officers or sub-officers
of armed forces and one of the assessors (assistant) must be a member of armed forces.

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During court session, there is a commissioner of government, one or more substitutes of military
magistrates in charge of supporting public action.
For instruction, there is one or more judges in Charge of instituting or necessitating the previous
information (verbal process/report), there is also one or more civil or military court registrars,
members of the military court who are nominated by decree and where the judges must have cut
least the rank or age of the highest accused.
b). Competence of the Court
The Military Court is competent to judge all the major persons of eighteen (18) years for the
offences that are purely military previewed by the military Code of Justice, the offences of all
nature committed by the military with or without co-authors or civil accomplices especially when
the offence is committed in the military establishment or when at service. It is also equally
competent to judge offences of military nature assimilated with matters perpetrated in the region
submitted to the state of emergency.
i). The Court of impeachment
Not yet created
b). Competences of the court
Following art 53 of Cameroon constitution, this court is competent to judge the President of
Republic in matters of high treason, the Prime Minister, ministers and other top ranking officers
when it concerns injury or plot against state security especially in exercise of their functions or
duties.
ii). State Security Court
We shall look at the organization and competences of the court.
a). Organization of the court
This court was created with the law of 29th December 1989 and organized by that of 19th Dec
1990. This is also extended over the national, territory. It comprises of a president, a magistrate of
judicial order, six permanent assistants having deliberative right where 2 are judicial, 2 militaries
and 2 designated personalities by the president of republic. At court session, there is also an
attorney general assisted by one or more substitutes and one or more court registrars 6 substituting
assessors called to replace the permanent in case of prohibition All the members are nominated by
decree and in case of prevention of the president of the court during court session, he is replaced
by the full right by the associate magistrate of the judicial order, the most old and ranking.

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b). Competence of the court
The court is competent to judge felonies and misdemeanours committed against the interior
security and exterior security of the state. The curt is equally competent to judge related (connected)
offences.
iv). Special criminal court
The Special Criminal Court is the most recent court of Exception created by e
Cameroon legislator.
a). Organization of the court
This court has been created by Law no 2011 / 028 of 14th Dec 2011 modified and completed by
Law no 2012/011 of 16 July 2012 and was inaugurated on the 15th of
October 2012. According to section 4 of the Law or l4 Dec 2011, this court is composed of
members of
- At the Bench a President, one or more vice Presidents, one or more judges and one or more
Examining Magistrates
At Legal Department one Procureur General, one or more Advocates General and one or more
Deputy Procureur General
At Registry one Registrar-in-Chief, one or more Section Heads one or more
Registrars and Registrars working with the Examining Magistrate. The seat of this court is in
Yaoundé and has competence all over the National Territory.
b). Competences of the court
The Special Criminal Court is a special criminal court created to handle particular type of offences.
Some reasons have been advanced for the creation or setting up of this court. It was hoped that the
court which would specialize in checking misappropriation of public funds and similar offences,
would have to face the complexity of the procedures pertaining to corruption and the embezzlement
of public funds at all levels of the chain of justice and align (ties) with international legal
instruments for the fight against corruption.
It was also hoped that the creation of a Special Criminal Court would add more impetus to the job
already being done by an arsenal of anti-corruption bodies in the Country. These institutions
include the National Anti-Corruption Commission (CONAO), the National Agency for Financial
Investigation (ANIF), the Supreme State Audit Office (CONSUPE) the public Contracts
Regulatory Agency (ARMP), the Ministerial Anti-Corruption Units, the Tender Boards of Public

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Bodies and the Audit Bench of the Supreme Court. For a better understanding, it will be necessary
to analyze the composition or Organization and competence or function of this court. Concerning
its competence, section 2 of the 14" Dec 2011Law as amended provides that, this court is competent
to handle matters for Misappropriation of public funds when the amount is at least 50 million
FCFA: This court also handles related offences previewed by the Penal code and international
Conventions ratified by Cameroon.
Judicial persons
1) Magistrates: They perform different functions. There are presiding Magistrates and judges,
Examining magistrates, State counsel and Procureur General.
a) Presiding magistrates/Judges: These magistrates act as referees between parties in matters
brought before them. They sit in court, hear matters and take decisions on them. In the courts of
first instance, these magistrates are called presiding magistrates. In the High Courts and Higher
Courts, they are called Judges.
b) Examining Magistrates: These are magistrates who carry out criminal investigations
(preliminary inquiry) in felonious offences, all offences committed by persons below 18 years and
in some misdemeanours. Anyone may decide not to lodge a complaint with the judicial police
officer but instead lodge a complaint directly with the Examining magistrate. Examining
Magistrates are found in the courts of First Instance, High Courts and Military Courts. The
preliminary inquiry is not open to the public. Only parties involved in the inquiry are allowed to
attend the inquiry. However, the examining magistrates may at their discretion allow any other
person to attend the inquiry.
c) State Counsel: These magistrates are in charge of enforcing laws, regulations and judgments
and control criminal investigations and prosecution in their geographical area of competence. In
the execution of their functions, the State Counsel amongst other things receive complaints, issue
warrants of arrest, search warrants and control Judicial Police cells to make sure that suspects are
detained in respect of the Law. They are the Bosses of Judicial police officers in them area of
competence as far as criminal investigations is concerned. State counsel are assisted by deputy state
counsel. The office of the State Counsel is called the State Counsel’s Chambers.
d) Procureur General: Each of the 10 Regions in Cameroon has a Procureur General. His or her
office is called the Procureur General’s Chambers. The Procureur General is in charge of the
enforcement of

18
laws, regulations and judgments and oversees criminal investigations in his region. He is the boss
of all the State Counsel in his region. The Procureur General is assisted in his job by the Advocate
General and the Substitute General. The State Counsel’s Chambers and the Procureur General’s
chambers are both referred to as the Legal
Department.

2) Registrars: They receive direct the public to the various services of the courts and legal
department as well as other judicial services. They act as clerks of court during trials and
registrars in attendance at preliminary inquiries. They keep registers.

3) Judicial Police officers: They consist of police, gendarmes (Note should be taken here that not
all police and gendarmerie staff are judicial police officers. Only those empowered by law to
investigate offences are judicial police officers) and staff of certain departments (e.g. the Ministry
of Environment and Nature Protection, the Ministry of Forestry and Wild Life etc.) who are
empowered by the law to carry
out investigations in criminal matters.
4) Bailiffs: They are officers in charge of serving court processes like summonses. They are also
in charge of the execution of decisions of the court. They also draw up reports on events.
5) Notaries: They are in charge of drawing up deeds e.g. for the sale of landed property. In the
South West and North West Regions, lawyers in addition to their other functions act as notaries.
6) Lawyers: They advise, assist or represent their clients. They ensure their defense. The client can
be:
• an accused in a criminal case
• the victim of an offence
• a person instituting a civil matter
• a person defending a civil matter
• or anybody in need of legal advice
The lawyer exercises a liberal profession. The resort to a lawyer is not obligatory. It all depends on
the litigant. The lawyer is paid by his
client. However, in certain cases the state pays the lawyer on behalf
of the litigant. Generally, in criminal or civil matters, where a person is too poor to afford a lawyer,
he can apply to the Legal Aid Commission for a lawyer to be appointed to represent his interest.

19
The Legal Aid Commission will only grant the application in fit cases as required by law. However,
the appointment of a lawyer for the accused person by the judge is mandatory in criminal cases
where a person is charged with an offence punishable with life imprisonment or death and cannot
pay a lawyer to defend him. Where an accused is below 18 years and has no lawyer, the presiding
magistrate or judge must assign one to him or her. The appointed lawyer is paid by the State.

UNIT 4: CIVIL STATUS REGISTRATION

Civil Status means being single, married, separated, divorced, widowed.
A. Civil registration system
a. Legislative Framework

The Government of the Republic of Cameroon enacted a civil status Law No. 2011/011 on 6 May
2011 which modified and replaced the Ordinance No. 81-02 of 29 June 1981. The new law
improved several provisions of the 1981 Ordinance, in particular the organization of civil
registration and provisions relating to the status of natural persons. The law came into force
immediately after it was issued.
This new law covers births, marriages, deaths, adoptions, legitimations, and recognitions. The 2011
law makes the declaration and registration of births, deaths and marriages mandatory for all people
residing in the country, irrespective of their citizenship status, and for Cameroonians residing
abroad, with the competent nearest civil status registrar. Emphasis is also placed on the
confidentiality of information and security of civil registration records as well as the interactions
between key stakeholders of the civil registration system. However, the law is silent on the
collection and sharing of information for vital statistics and the computerization of the civil
registration system.
B. Official authorities in charge of registering a birth, marriage and death

City mayors of city councils and their deputies, municipal Mayors and their deputies, Heads of
diplomatic missions or consular posts, Civil registrars (Ordinance No. 81-02, article 7).

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UNIT 5: LABOUR LAW

A. What is labour law?

Labour legislation can be defined as the body of rules which govern the collective relationship
between the employers and the employee
B. Brief history of labour law.
For a long time now, scholars regarded labour relation as a contract between the worker and the
employer whereby the former renders services to the latter and his consideration being
remuneration (cash or kind), paid by the latter. It was in a bid protect the worker that the State
passing through its ministry of labour opted to fix salary scales, regulate the employment of
children and women, condition of service, hours of work, paid leave, insurance against
occupational diseases, pension rights etc. in fact, the enactment of law no 67/LF/6 of June 1967 on
the labour code of the federal republic of Cameroon and law no74/14 of 27 September 1974
instituting labour code that harmonized our two systems of law following the birth of the united
republic of Cameroon was geared mainly towards the protection of the worker.
C. Sources of labour law in Cameroon
Cameroon's labour law has greatly been influenced by English and French laws. International
conventions and recommendations have also left indelible marks on our labour law. Cameroon had
much to borrow from English and French law. As per article 9 of the British mandate, all mandatory
shall have full powers of administration in the area subject to the mandate. The laws of the French
speaking part of Cameroon were more advantageous than those of the English territory because
those laws were meant for French citizens working in Africa and were later extended to everybody.
International sources
It is governed by international law and emanates from various international conventions. The right
to work is a fundamental human right embodied in the universal declaration of human right of
10/12/1948. Its article 23 provides that;
1- Everyone has the right to work, to free choice of employment favourable conditions of work
and protection against unemployment.
2- Everyone without any discrimination has the right to equal pay for equal work employment;
to just and

21
3- Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity.

Another human right instrument that protects this right is the international convention for the
elimination of all forms of discrimination against women. Its article 11 is concerned with gender
related problems to protect women with equal rights to work as their male counterparts.
Secondly, the International Labour Organization (LO) 1s another important source. Cameroon
became a member of the ILO on attaining independence and reunification on 1960 and 1961
respectively.
ii. National or internal sources
a- The constitution
The preamble of the Cameroonian constitution of 1996 states clearly that everyone has the right
and duty to work. It is the fundamental right of every citizen to work.
b- The law (local legislation)
The bi-jurial nature of Cameroon resulted from its colonial history. After re-unification, the ideal
proposal was to harmonize Cameroon's labour legislation.
The Labour Code
This law was put in place by law no. 92/007 of 14th August 1992. This law in some of its sections
has greatly analysed the protection of workers’ right. Section 2(3) forbids any act of forced and
compulsory labour against the wish of every worker. Section 3 goes forth to recognize the right of
workers without distinction whatsoever, to set up freely and without prior authorisation trade
unions. More still, section 4(2) (a & b) bring out instances where the state has protected the right
of workers; - workers shall be protected from:
a) any acts of anti-union discrimination in respect of their employment;
b) any practice tending;
To make their employment subject to their membership or non-membership in a trade union;
To cause their dismissal or other prejudice by reason of union membership or non-membership or
participation in union activities.
The right of workers has also been granted in section 5(1) where workers have been given full
rights to draw up their constitution favourable to them provided the laws of the state are respected.
Workers are also protected against their employers as they are forbidden to interfere into workers’

22
activities13. Furthermore, in accordance with the provisions of law No. 92/007 of 14th August
1992 in its Part V, Chapter IV section 88(1), the law provides weekly rest to every worker so as to
protect them against their employers. Also, the law has protected workers right to good working
condition especially to their safety and hygiene at the work place14
A. Objectives of Cameroonian labour law
Cameroon labour law is centred around four objectives;
• The protection of workers
• A guarantee of social peace
• The search for a political stability
• The search for a balance between workers' protection and the safeguard of the company.

B. The scope of labour law in Cameroon

The Cameroon labour code is exclusively a worker-employer relation. Section 1 (1) of the 1992
labour code stipulates that the law shall govern labour relations between wage earners and
employers as well as between employers and apprentice under supervision. It goes on in its section
1 (2) to define the word ‘worker" and ‘employer". Worker shall mean any person irrespective of
sex or nationality who has undertaken to place his services in return of remuneration under the
direction and control of another person; whether an individual or a public or private considered as
the "employer"
1. Contract of Employment
The Cameroon labour code in its article 23 defines a contract of employment as ‘a contract of
employment shall be an agreement by which a worker undertake take to put his services under the
authority and management of an employer against remuneration.
A. Characteristics of the Contract of Employment
i. It is contract intuitu personae
The contract of employment as far as the worker is concerned, is a contract intuitu personae that is
personal. He offers his professional skills to the employer and therefore he and he alone must fulfil
such service personally. In other words, he cannot without the authorization of his employer replace
himself or delegate the performance of his service to somebody else.
ii. It is a contract with reciprocity of obligations
As is the case even with an ordinary common law contract, the contract of employment must be
supported by consideration. The worker furnishes his worker furnishes his professional activity in
23
return for remuneration. This remuneration may take any form: salary, piece wages, commission.
But although in the case of a common law contract, the consideration need not be adequate, in the
sense that the courts will not seek to measure the corporative value of what the offeree undertakes
in return for the offeror's promise or denounce an agreement merely because it seems unfair.
Remuneration in the case of contract of employment must fulfil certain minimum standards.
Thanks to the State and collective agreements, this remuneration must not only be adequate but,
also, but below a certain minimum standard.
i. It is onerous contract

The most important obligation of the employer is the payment of wages to the worker, so that there
will be no contract of employment if the services are furnished gratuitously.
ii. It is a contract of successive execution

The obligation of the parties is not only reciprocal and interdependent, they are spaced out in time:
the worker continues to supply his professional activity and the employer pays him over a more or
less long period.
V. It is a contract of subordination and control
The worker puts his labour force under the control and authority of the employer and he gives his
directions from time to time on how work should be done.
All these characteristics may not be present or if may not be to the same degree or of equal
importance. The question has therefore arisen as to what a person must fulfill to be styled a worker
or conversely as to what is the basic concept underlying the labour relation.
B. Conditions for the formation of contract of employment
The formation of a contract of employment is dominated by the principle of liberty of employment
recognized on the heads of enterprises to select their collaborators. There is the principle of non-
discrimination and freedom of selection in the choice of the collaborators of the head of the
enterprise. 1here are however some institutions like the National Employment Fund and the
National Agency for employment sometimes stand as intermediary between job seekers and future
employers. The contract of employment must respect or satisfy formality and substantive
conditions
a- Substantive conditions

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Since the contract of employment is subjected to rules of ordinary law, the rule of exchange of
consent between the parties as it is under civil laws must be respected. But before the conclusion
of the definite contract and the phase of employment, we distinguish an eventual period of
negotiation which may be referred to as promise to take charge.
Negotiation and promise to take charge
The promise of a contract of employment is an agreement that we need to distinguish from a simple
proposition of work which is unilateral on its part. This promise to take charge is not a unilateral
proposal of employment the distinction between promise to employ and the definite contract is
usually seen with more clarity in the case of solemn contracts. The promise of a contract brings an
obligation to respect certain formalities for the contract to take to form of a notarial deed.
i. The meeting of wills

The contract of employment is formed the moment the parties reach an agreement on the essential
clauses of the contract. The consent of the parties must be lucid and simple. The promise of a
contract of employment is an agreement that we need to distinguish from a simple proposition of
work which is unilateral on its part. The contract of employment is a solemn contract which is
formed with the exchange the consent from the parties as required by every contract. The consent
must be given freely and expressly. The theory of vice of consent occupies a very limited place in
formation of contracts under labour law. It is true that the vice of consent sanctioned by nullity but
error and misrepresentation are hardly ever raised since the parties can always resort to other means
to have their labour contract terminated.
The courts are reluctant in nullifying a contract on grounds of fraud, the Judges however quickly
accept violence when the worker, under the state of necessity, was compelled to accept very
unfavourable work clauses in order to ensure his survival and that of his family. But unlike the case
with classical effects of nullity, the nullification of the contract does not bring a retroactive end to
the effects of the contract and applies even in case of nullity passed on grounds of public order. As
concern the condition of capacity in the formation of contract, there is a difference between
contracts of employment under labour and other ordinary contracts. In fact, a worker can enter a
contract of employment even at the age of 14vears but the employer must have attained the rightful
age in order to be represented.
In case of employment of a minor, it simply requires that his consent should be supported by that
of his parents or guardian. Despite the issue of freedom of choice of whom to contract with, the

25
employer must give priority to the worker who was sacked for economic reasons and who, a year
later comes back to ask for the job when the economic crisis is over.
b- The formality condition
The formation of the contract of employment is based on the liberty for the parties to choose
whatever form of contract (see article 23 of the labour code). A contract of employment is therefore
consensual and formed with the exchange of consent as between the parties. There is freedom to
decide what form the contract will take; whether written or oral as provided in article 24 (3) of the
labour code. The contract can be written or oral (see to this effect the provisions of article 23 (3)
of the labour code)
Even though no formality is actually required, there is however the question surrounding the
written form of the contract.
i. The question of writing in the elaboration of a contract of employment

According to article 23 (4), a contract of employment can take any form depending on how the
parties agree to it. But article 27 however requires that it should be written article 24 and bears the
visa of the labour inspector.
TYPES OF LABOUR CONTRACTS
• Contracts of specified duration
• Contracts of unspecified duration
• Occasional contracts
• Seasonal contracts
• Contracts of apprenticeship
• Contracts of State contracts
• Probationary contracts

Duties of the Employer

An employment contract is one of mutual rights and obligations between the employer and
worker. According to sections 1(1) and 23 of the labour code, the employer those not only have
managerial powers but is also vested with specific responsibilities without which it is literally
impossible to claim employment.
The responsibilities/ duties of the employer in the most part translate into the rights of the workers
which the employer has a responsibility at both statutory and common law levels to respect.

26
• Duty to Pay Wages
• Duty to Provide Work
• Rest Periods
• Duty to Provide a Safe Working Environment
• Duty to Provide Workers Certificate of Service

Right of employees
• Employment contract
• Wage equality
• No discrimination in the workplace
• No sexual harassment in the workplace
• Safe workplace environment
• Medical and family leave
• Rest breaks and reasonable working hours
• You have the right to stand up for yourself.
• Right to join any Trade Union
• Protection of Workers Regarding Suspension and Termination of the Employment
Contract.

Rights of women under the labour code

The Right to equal wages
• Right to Maternity Leave
• The Right to Nursing Breaks
• The Special Protection as to the Right to Leave
• Protection from Night Work
• Protection Regarding Their Physical Capabilities
• Protection from Unhealthy Work
• Protection from Work of an Immoral Nature

Rights of children under the labour code

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A child, as per the United Nations Convention on the Rights of the Child is a human being below
the age of 18 years unless under the law applicable to the child, majority is attained earlier. The
African Charter on the Rights and Welfare of the Child also defines a child to be a human being
below the age of 18 years. Therefore, a child is a minor, otherwise known as a person younger
than the age of majority.
Children are classed as unable to make serious decisions, unlike adults. They must always be
under the care of a responsible adult. There are many issues that affect children such as childhood
education, child labour, child poverty leading to hunger, the carrying out of illegal activities,
dysfunctional families, and bullying. Children in some countries are often kept out of school or
attend only for short periods.
Children are not allowed to work under the labour code. Age for apprenticeship is 14 years.
Labour disputes
A labour dispute is a disagreement between an employer and employees regarding the terms of
employment. This could include disputes regarding conditions of employment, fringe benefits,
hours of work, tenure, and wages to be negotiated during collective bargaining, or the
implementation of already agreed upon terms. It could further concern the association or
representation of those who negotiate or seek to negotiate the terms or conditions of employment.

Labour dispute prevention and resolution

Grievances and conflicts are an inevitable part of the employment relationship. The objective of
public policy is to manage conflict and promote sound labour relations by creating a system for the
effective prevention and settlement of labour disputes. Labour administrations typically establish
labour dispute procedures in national legislation. A key objective of effective systems is to ensure
that wherever possible, the parties to the dispute resolve it through a consensus-based process such
as conciliation and mediation, before reverting to arbitration and/or adjudication through a tribunal
or labour court.
Conciliation and mediation are procedures whereby a third party provides assistance to the parties
in the course of negotiations, or when negotiations have reached an impasse, with a view to helping
them to reach an agreement. While in many countries these terms are interchangeable, in some
countries a distinction is made between them according to the degree of initiative taken by the third
party.

28
Arbitration is a procedure whereby a third party (whether an individual arbitrator, a board of
arbitrators or an arbitration court), not acting as a court of law, is empowered to take a decision
which disposes of the dispute.
Court litigation is a procedure whereby ordinary courts on special labour courts settle finally
any disputes over rights and obligations.
Procedures in Labour Actions
In every organization or institution there is bound to be disputes or conflict and each individual
must be given an opportunity to declare his opinion. A conflict generally represents an opposition
and or confrontation process between individuals or group of persons with each expressing his or
her interest, Labour law is not an exemption as labour actions are unique in a variety of ways and
are reflected on peculiar structure of law like the labour code. This piece of legislation does not
only define the rights and duties of parties in labour relations but has also specified the procedure
regulating the conduct of labour matters. A labour disputes may be defined as a conflict born at
the work place between an employer and a worker or between employees and the employer. Thus
they are related to either individual disputes or collective disputes. Labour actions are begun and
heard in the special labour courts created by Section 133 of the labour code although their specific
jurisdiction is also subject to the law on judicial organization of 2006, The court as per Section 133
is an autonomous court with its own rules. A labour court at first instance is a collegiate court
composed by one judicial officer and two assessors, Section 133 (1) expressly defines labour court
as that made up of president who shall be a judicial officer "and an employer and worker assessor.
j competent to hear matters under Section 133 (3) where there is evidence that the assessors have
failed twice to appear after being summoned to do so.
Section 15 of the Judicial Organization Law 2006 as amended in 2011, labour courts headed by
magistrates in the court of 1st instance can hear cases with a quantum of claim of 10 million FRS
or less, Section 18 of the same Law makes allusion to the sum of 10 million FRS and above for a
judicial officer serving in the high court.
Territorial Jurisdiction of Labour Courts
The competent court shall in principle be that of the place of employment (S. 132) labour code but
a worker can sue anywhere in the country if it can be shown he has moved to a new town after the
termination of his / her employment. There exists a misuse here from the point that workers file
claims in jurisdiction where they believe they will get favourable decisions, even when they are

29
not actually resident there. Such actions are considered bad by the law. There are cases where the
court have stroke out for want of jurisdiction to this effect; Eg. the case of Fotse. V. Société Activa
S.A. In that case, a plaintiff a married woman who had worked with the defendant's company in
Douala had come down to Buea and rented a room apparently for the purpose of bringing an action
against the former employer. This issue has been criticized by Fonkwe J.C.A as he then was as an
unnecessary gimmick which should be rightly discarded for time wasting procedure which is
gaining grounds in some of our courts.

Commencement of Labour Actions

The procedure for the initiation of a labour suit has been set out in Section 138- 141 of the labo.ar
code. Although labour matters are civil in character, their mode of commencement is unlike what
obtains in other regular civil suits. Labour actions are different from civil actions because of their
distinctive features with regard to filing, pleading, etc. Unlike in regular civil actions where
government has used exorbitant filing foes and prohibitive pre-filing taxation of 5% of claims to
impede access to the courts by the poor, the labour code has liberalized conditions for accessing
the courts in labour actions. This easy access to the courts in labour actions has enhanced the
security of service of workers considerably. By Section 138 (1) labour actions are commenced free
of charge. We have Individual and Collective labour disputes.
Individual labour disputes are classical dispute involving a worker and his employer. It should be
noted that an enterprise constitutes of people from different backgrounds, cultures, religion, race,
gender, abilities and personalities. Therefore, when these people collide, labour / dispute becomes
inevitable. In another words, it is a disagreement arising from a contract of employment between
a worker and an employer. It could take a variety of forms ranging from a straight forward failure
to pay wages, wrongful termination etc. Thus the general causes of Labour disputes may be as
follows:
• Failure by employer to respect the rights of the employees, e.g such as the right to leave,
rest, late payments of wages and non-payments in situations of overtime;
• Ambiguity that is the imprecision in establishing tasks, authority and responsibility of some
jobs and compartments, lack of clarity in transmitting decisions, wrong perceptions and

30
misinterpretation; Lack of communication or wrongful communication that leads to
misinterpretation and misunderstanding; Discrimination and sexual harassment;
• Health and safety hazards, violence, and physical assault;
• Wrongful termination that is dismissal;
• Theft, embezzlement and different points of view regarding priority objectives etc.

The procedure to this effect begins with extra judicial mechanism that is a process of conciliation
(out of court settlement) whereby all such disputes must first be brought before the labour inspector
in the place of employment of the parties. By Section 139 (1) the inspector attempts to resolve the
problem by inviting protagonist to his office for an amicable resolution of this dispute. His role is
to listen to the parties, explain the fact of law and advices them. Failure to appear before the
inspector twice enables him to issue a Statement of Non -Conciliation by Default, It is done in
four copies and distributed as follows, a copy each to the parties, one to the court and another kept
in the file: Parties may resolve their dispute completely, partially or fail to agree on all points. In
either situation the labour inspector is bound to prepare a statement of conciliation, partial
conciliation and non-conciliation respectively.
An individual action actually commences with a diligent party files statements of partial or non-
partial conciliation at the registry at the relevant court. The case takes off when the parties, make
oral declaration before the registrar that he desires the case to be heard in court. The court
examining individual disputes shall be composed of a president who is a judicial officer; an
employer assessor and a worker assessor; and a registrar. In case of partial or total failure, the
action shall be instituted by an oral or written declaration made to the court registrar of the
competent court by the most diligent party as per Section (140 1) of the code. Within two days of
reception of document (excluding Sundays and public holidays) the president of the court shall
summon them to appear within 12 days. If the plaintiff fails to appear on the day fixed for hearing,
the case shall be stroke off as per section 143 of the code. But if the defendant fails and has
presented his defence in a written memorandum, the court shall consider the case heard in the
presence of both parties. But if he fails to appear without any proof, the court shall after examining
the case, pronounce judgment in default. The dissatisfied party may lodge an appeal in the court
of appeal and it not still satisfied to the Supreme Court. The decision of the latter is final. But if
the inspector fails to prepare the relevant statement with which the case may be started; Section 16
of the law on judicial organization 2006 has unlike the 1989 ordinance on judicial organization

31
made provisions for a party to compel any one vested with judicial authority to perform the said
duty. Thus by virtue of section 139 (6) of the code, with the failure of conciliation parties are
allowed to submit their disputes to the labour courts.
Collective disputes
It is that which involves a collective of workers of an institution irrespective of whether or not they
are organized in a trade union Section 157 (1) labour code. It is one of those occasions that the
inspector of labour steps in immediately and gives absolute priority to such intervention. The basic
factor which unites the worker is the collective nature of their disputes. This type of dispute is
peculiar since it lies outside the jurisdiction of the regular and labour courts, E.g. of such disputes
is a group of Wage earners in a matter involving their collective interest. Any dispute that does
not present this feature of collective interest cannot be regarded as a collective labour dispute. The
Supreme Court annulled the judgment of the court of Appeal in Tatul Fina Elf V. Nounda Martin
which made an award to a group of workers is though their action was a collective dispute. The
court of 1st instance has no jurisdiction over collective disputes, It is the labour inspector and un
arbitration board established in the area of court of appeal that has jurisdiction over collective
disputes. The inspector does so by drawing up an agreement of conciliation under Section 158-
159. Mediation and arbitration is not excluded. The former is not recognized by the 1992 law but
it is a procedure mostly or widely used in the settlement of collective disputes. That is, it is the
assistance of a third party to assist parties resolve their disputes. The mediator manages the
negotiation process but does not impose a solution on the parties. He helps them arrived at a
common ground with view of overcoming their fears and satisfying their real needs-
When conciliation fails, the arbitration board takes over and its jurisdiction based on • Section 167
is limited to the issues raised during conciliation process reduced into a statement of non-
conciliation. The arbitration board as a social court consists of a chairman who is a judicial and
member of the court of appeal; an employer assessor; and the registrar of the court of appeal who
shall act as a secretary, It should be noted that the employer have the right to Lock out while the
workers are allowed to strike but not before the arbitration board award. The functions of the
Arbitration Board include the following:
• It shall have power to obtain information on the economic situation of the enterprise and
those of workers concerned.
• Have powers to seek ex pert advice from duly qualified persons.

32
• It shall apply the principle of equity where no legislative provision is available.
• It shall base its facts in law relating to interpretation, application, regulations, collective
agreements and company agreements currently enforced.
• The board shall make an award and notify the parties in dispute. If no objections are raised
within 8 days the award becomes final and binding.

Further failures will enable the collective labour dispute to be taken to the high court. Whether the
quantum of damages is below or above 5 million this short entertains the matter. If there still
existed no amicable agreement the matter will be taken on appeal by the appeal court which has
appellate jurisdiction over labour matters.

Consequences of Collective Disputes

Collective disputes mostly end up in strikes and lockout. Strikes are defined in Section 157 (1) as
"a collective refusal by all or part of the worker of an establishment to comply with the normal
labour rules in order to bring their employer to meet their demands or claims". That is, it is a
collective or concerted refusal by all workers in an establishment for reasons of their request.
Lockout is the closure of an establishment by the employer in order to bring pressure to bear
workers on strike or threatening to go on strike. All the above may lend to the following:
• In the case of strike, the worker may witness a termination in their contract of employments;
• In the case of lockout, the worker may recover his wage for the number of days lost;
• The employer on his part may be declared ineligible etc.

Burden of proof in labour matters

Normally in civil follows the burden of proof rest on the plaintiff on the principle that he who
asserts the affirmative must proof it, this however has no applicability in labour matters as the
burden of proof according to Section 39 (2) and (3) shifts the burden of proof in labour actions
from the plaintiff who often is the dismissed worker to the employer who is generally the defendant.
Section 39 (3) states "in all cases of dismissal it shall be up to the employer to show that the grounds
for dismissal ate well founded" when it comes to labour appeals, a dissatisfied party in a labour
judgment has as a right 15 days to appeal against the judgment as stipulated in Section 154 (1). It
t must be filled in the registry of the trial court. It should be noted that a labour appeal may like
every other appeal be on a point of law, facts or mixed law and facts as the case may be.

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Trade Unions and Employers Associations
Introduction
In each human organization, associations exist whereby individuals can protect their rights und
interest. This is not an exemption in the labour sector as there is the existence of a universal right
in which workers can freely create trade unions or belong to trade unions without distinction of
race or gender. A trade union is simply an association of workers formed to protect their interest
and to improve on their working conditions. They are created for the study, defence, promotion
and protection of interest of its members
The classic definition of a trade union is “a continuous association of wage earners for the purpose
of maintaining or improving the conditions of their employment” The origins of trade unions go
back as far as the first attempts to organize collective action at the beginning of the industrial
revolution. In the modern sense, however, trade unions arose in the later part of the nineteenth
century, when governments first began to concede the unions’ legal right to exist (previously, they
had been seen as illegal combinations interfering with freedom of commerce, or as outlawed
political groups). Trade unions reflect the conviction that only by banding together can workers
improves their situation. Trade union rights were born out of economic and political struggle which
saw short-term individual sacrifice in the cause of longer-term collective gain. They have often
played an important role in national politics and have influenced developments in the world of
work at the regional and international levels.
In contemporary industrial relations systems, the functions fulfilled by trade unions are, like
employers’ organizations, basically the following: defence and promotion of the members’
interests; political representation; and provision of services to members. The flip side of trade
unions’ representative function is their control function: their legitimacy depends in part upon the
ability to exert discipline over the membership, as for example in calling or ending a strike. The
trade unions’ constant challenge is to increase their density, that is, the number of members as a
percentage of the formal sector workforce. The members of trade unions are individuals; their dues,
called contributions in some systems, support the union’s activities. (Trade unions financed by
employers, called “company unions”, or by governments as in formerly Communist countries, are
not considered here, since only independent organizations of workers are true trade unions.)
Affiliation is generally a matter of an individual’s voluntary decision, although some unions that
have been able to win closed shop or union security arrangements are considered to be the

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representatives of all workers covered by a particular collective bargaining agreement (i.e., in
countries where trade unions are recognized as representatives of workers in a circumscribed
bargaining unit). Trade unions may be affiliated to umbrella organizations at the industrial,
national, regional and international levels.
Brief History of Trade Unions in Cameroon
Trade unions in Cameroon existed before 1969, they were three in number and with Instructions
from the former head of state, they were dissolved. This led to the creation on the 10 "of February
1972 of a unique trade union" the National Union of Cameroon Workers "(Union Nationale des
Travailleurs du Cameroun). Others latter on followed like the Federation of Cameroon's syndicates
etc. Today we have a variety of trade unions each depending on a particular subject matter. The
Purpose of trade unions and employers association is to improve and protect the welfare of its
members. Other objectives of trade union include:
• The bargaining on behalf of their members for better wages or salaries;
• Bargain for good working conditions;
• Educate members on their rights and freedoms;
• Bargain with government to pass favourable laws that protect employees.

Thus the law recognizes the existence of trade unions. Every worker has the right to join it or any
employers’ association of his choice. The law equally state that workers shall be protected from:
any acts of anti-union discrimination in respect of their employments any practice tending to make
their employment subject to membership or non-membership in trade union. Section 7 of the
1abour code is to the effect that no one should be a member of a trade union if he is not gainfully
employed at the time of joining it e.g. a retired worker cannot be part of a trade union because he
is inactive.
• Although Section 2 of the Labour code gives him an opportunity if:
• He has carried his occupation for at least six months; and
• If he is engage in union activity and holds a post which provision is made by law or
regulation; or
• When he retained his membership of when he was active. Therefore retired group of
workers cannot constitute a trade union.

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Section 8 of the labour code stipulates that at least 20 persons are eligible to form a trade union and
5 persons an employer association. Applications are sent to the registrar of trade unions who has
a period of one month to act on it. But however refusal may be granted due to the fact that; the
certificate of registration was obtained by fraud and that the aim is illegal.
Types of Trade Unions
General Unions: They recruits and admits all persons be it skilled, semi-skilled and unskilled
workers. e.g. General worker’s union.
Professional union: These are white collars unions for persons like teachers, lawyers, doctors etc.
Industrial unions: It constitutes workers of the same industry like the automobile industry.
Craft or skill union: It is a union of persons skilled in a particular craft like for example the civil
engineering industry that requires services of builders, carpenter’s plumbers etc.
Functions of trade unions
• It aims at educating its members trough seminars, meetings, campaigns etc
• Ensure that rules relating to hygiene and safety at work is respected,
• Collective bargaining for better wages, working conditions etc

It should be noted trade unions do not exist for life and may be dissolved at any time but funds
should be transferred to another trade union.
Social Security of Workers
Introduction
Social security relates to the benefits available persons who are unable to continue working, as a
result of sickness, industrial accidents or death, Social security law thus regulates industrial
accident, unemployment and retirement benefits. The bulk of labour law seems to be preoccupied
with the rights and duties of the parties, the formation of trade unions, employer organization and
the promotion and settlement of collective disputes matters such as health, industrial accidents
though subject to legislation are not give as much importance, they are seen as peripheral to
industrial relations whereas they ought to occupy central stage, since they ensure the livelihood of
the worker and his beneficiaries even at a time when he is no longer able to work. The
psychological consequences of the inability to earn a living can be traumatic for both the worker
and his family. Accordingly, safety, health and social security legislation touch upon the
fundamental human elements in the work situations namely; not the workers’ current capacity but
also the capacity to sustain himself and his family when he is no-longer able to work temporarily

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or permanently, either through injury, sickness or old age. The assurance of an income becomes a
fundamental necessity for the wage and salary earner. Social security measures, if effectively
administered bring about positive psychological attitude to work, labour commitment and higher
productivity.
By definition then, a social security measure is any scheme which is designed to assure the
employee or his family and dependant, an income and sustenance at those moments in his life when
he is unable to work for reasons of accidents, sickness or old age and sometimes through enforced
unemployment. Given the importance accorded to social security in Cameroon, there exists a
plethora of legislation for that purpose, some of which are;
• Order no. 5 / TLS of 9 March 1962 to establish the list of occupational deceases giving
entitlement to compensation from the National Social Insurance Fund,
• Law No. 77T1 of 13 July 1977 bearing on compensation for and prevention of Industrial
accidents and occupational deceases,
• Order No. 38 / MTP / IMT of 26 November 1984 to, inter alia, supplement the list of
occupational deceases,
• the family allowance law No. 67-LF of 12 June 1967 and the law No. 69-LE of 10
November 1969 bearing on old age pension.

It is noteworthy here that the social security scheme of Cameroon is operated by the NATIONAL
SOCIAL INSURANCE FUND (NSIF) WHICH WAS CREATED IN 1967 BY LAW
NUMBER 67 / L.F / 08 OF 12 June 1967 to which each employer apart from the state are
compelled to subscribe. The scheme is financed essentially by levies on employers (a percentage
of wages). It is possible in Cameroon for individuals to subscribe to the-scheme and pay their
levies regularly. This is apparently facultative, whereas in countries like England it is mandatory
Tor the self-employed to subscribe to the fund and pay a percentage of the business income within
an accepted ceiling.

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