REPUBLIC OF CAMEROON PEACE - WORK - FATHERLAND
ORDER No / / 0 0 0 6 0 1 /MINFOPRA OF to announce a competitive examination for the special recruitment of 50 (fifty) Pupil Magistrates of English expression into the Magistracy and Court Registry Division of the National School of Administration and Magistracy (NSAM) for the 2018/2019 academic year.
THE MINISTER OF THE PUBLIC SERVICE AND ADMINISTRATIVE REFORM,
Mindful of The Constitution ;Law No. 2017/010 of 12 July 2017 on the general statutes of State establishments;Decree No.94/199 of 7 October 1994 on the General Rules and Regulations of the Public Service, together with its subsequent amendments;Decree No.095/048 of 8 March 1995 on the General Rules and Regulations of the Magistracy and its subsequent amendment instruments, especially decree No. 2012/188 of 18 April 2012 amending and supplementing article 11 (new) of decree No. 2004/080 of 13 April 2004;Decree No.2000/696/PM of 13 September 2000 to lay down the general system of government competitive examinations;Decree No.2005/154 of 6 May 2005 to organise the National School of Administration and Magistracy (NSAM), amended and supplemented by decree No. 2012/154 of 6 May 2012;Decree No.2011/408 of 9 December 2011 to organize the Government, amended by Decree N O 2018/190 of 2 March 2018;Decree No.2011/410 of 9 December 2011 to form the Government and its subsequent amendment instruments, especially Decree N O 2018/191 of 2 March 2018 to reshuffle the Government; Decree No.2012/537 of 19 November 2012 to organize the Ministry of the Public Service and Administrative Reform;Order No.004832/MlNFOPRA of 10 October 2012 on the system of studies and schooling in the Magistracy and Court Registry Division of the National School of Administration and Magistracy; Order No.001216/ MINFOPRA of 6 April 2017 to create the ad hoc Commission in charge of the special recruitment of Anglophone legal personnel for the jurisdictions of the North West and South West Courts of Appeal for the 2017— 2020 financial years;Letter No.262/CF/SG/PR of 31 March 2017 pertaining to the claims raised by some lawyers of the English expression,HEREBY ORDERS AS FOLLOWS:
Article 1: (1) A competitive examination for the special recruitment of 50 (fifty) PupilMagistrates of English expression into the Magistracy and Court Registry Division of the National School of Administration and Magistracy (NSAM), has been announced for the 2018/2019 academic year. The examination syllabus is appended to this order.
(2) The number of available openings for the competitive examinations shall bedistributed as follows:Judicial Section (30 places);Administrative Section (10 places); - Audit Section (10 places).
Article 2: The examinations shall be open to persons who meet the following requirements:a) be a Cameroonian national;b) be at least 17 (seventeen) and at most 32 (thirty-two) years of age as at 1 st January 2018;c) have a good mastery of the English language;d) be holder of:for the Judicial Section: either a Master's 1 or a "Maitrise" in English Private Law or an attestation of admission in second year of Master's issued by a Cameroonian University, either a foreign certificate recognised as equivalent by the competent authority established by the Minister of Justice;for the Administrative Section: either a Master's 1 or a "Maitrise" in Public Law or an attestation of admission in second year of Master's issued by a Cameroonian University, either a foreign certificate recognised as equivalent by the competent authority established by the Minister of Justice;for the Audit Section: either a Master's 1 or a "Maitrise" or an attestation of admission in second year of Master's in Law, Economic or Management Sciences issued by a Cameroonian University, either a foreign certificate recognised as equivalent by the competent authority established by the Minister of Justice.e) be physically fit and of good health that will enable the candidate to effectively exercise the duties of the magistracy;f) enjoy civic rights;g) not having a conviction featuring on the Certificate of non-conviction which leads to disentitlement to hold the office of a magistrate.
Article 3: (1) Application forms may be obtained from the Regional Delegations of the Public Service and Administrative Reform or downloaded from the Ministry's website (www.minfopra.gov.cm).(2) The application fees for the competitive examinations stand at FCFA 15,000 (fifteen thousand) payable at the Regional Delegations of the Public Service and Administrative Reform.(3) Candidates shall submit their applications, against a receipt, directly at the Regional Delegations of the Public Service and Administrative Reform.(4) Applications must arrive at the Regional Delegations of the Public Service and Administrative Reform not later than 18 May 2018 which is the deadline.(5) The list of documents to be submitted are:- an application form duly filled and signed by the candidate;- a receipt attesting payment of the application fee issued by the RegionalDelegate of the Public Service and Administrative Reform;- a certified true copy of the required certificate;- an attestation of presentation of the original certificate signed by the Governor or the Senior Divisional Officer;- an attestation of presentation of the original G.C.E. A' level, "Baccalaureat" or any other certificate granting admission into higher education;- a certificate of non-conviction of not more than three months old at the date of submission of application, issued by the competent legal authorities;- a medical certificate of not more than three months old at the date of submission of application, issued by a public sector Medical Officer;- a certified true copy of birth certificate of not more than three months old at the date of submission of application, signed by an administrative or municipal authority;- an envelope bearing a CFA 500 francs stamp and the candidate's address.(6) No incomplete file or a file containing fake or falsified documents shall be accepted.(7) The list of candidates authorised to sit the examinations shall be drawn up and published at the Ministry of the Public Service and Administrative Reform website and pasted at the main building of the Ministry as well as at the Regional Delegations of the Public Service and Administrative Reform on 15 june 2018 at the latest. The publication of the lists shall serve as invitation to write the examinations.
Article 4: (1) The tests of the written part of the examinations to take place at the examination centre (Bamenda, Buea, Garoua, Yaounde) chosen by the candidate, shall be done according to the following schedule:a) Saturday 30 june 2018General knowledge (All Sections):time allowed : 4 hours, (from 7 :30 am to 11 :30 am).coeff. 4 ;Law Paper (All Sections):Law of Contract/ Family Law/Land Law/ Law of Tort / Civil proceduretime allowed: 4 hours ( from 1 :00 pm to 5:00 pm),coeff. 4 ;b) Sunday 1st july 2018Specialization Paper IJudicial Section: Criminal Law/ Criminal procedure;Administrative Section: Constitutional Law /Administrative Law/Administrative Litigation;Audit Section: Public Finances,* time allowed: 4 hours (from 7 :30 am to 11:30 am), * coeff. 4 ;* Specialization Paper Il* Judicial Section: Business Law;Administrative Section: Public Freedoms and Human Rights;Audit Section: General Accountingtime allowed: 4 hours ( from 1 :00 pm to 5:00 pm), * coeff. 4 ;(2) The examinations shall be written exclusively in the English language.(3) The latest time to be allowed in the examination room shall be 7:00am for the morning papers and 12:30pm for the afternoon papers.
Article 5: The oral part of the examination shall take place in Yaounde (National School of Administration and Magistracy). It shall consist of:an oral presentation of a practical case followed by an exchange with jury in English language, on any of the following: Family Law, Criminal Law, Criminal Procedure, Civil Procedure, Land Law, Law of Ton, Business Law, Administrative Law, Constitutional Law, Public Freedoms, Human Rights, Administrative Litigation, Public Finances, General Accounting, Economics . coeff. 3.an interview with a jury in French language: coeff. 1 ;
Article 6: Receipts of submission for application for national identity cards of less than three months old at the date of closure of application for the competitive examinations shall not be accepted.
Article 7: Any form of fraud established before, during or after the competitive examination shall be sanctioned in accordance with the regulations in force.
Article 8: This order shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French./-.
YAOUNDE, 29 Mars 2018
SYLLABUS FOR THE SPECIAL RECRUITMENT OF 50 (FIFTY) PUPIL MAGISTRATES OF ENGLISH EXPRESSION INTO THE MAGISTRACY AND COURT REGISTRY DIVISION OF THE NATIONAL SCHOOL OF ADMINISTRATION AND MAGISTRACY (NSAM) FOR THE 2018/2019 ACADEMIC YEAR.. WRITTEN PAPERS
A. General knowledge (All Sections):Literature;Philosophy;Modern History;Development in Science and Technology;Civilizations;Sociology; Arts and Culture; Topical issues.B. Law paper on Common Law (All Sections) 1 . The basis and characteristics of the rule of law SOURCES OF LAWwritten sources;Non-textual sources of law, general principles of law, customs, jurisprudence /case laws.
TOPICS ON LAWDistinction between natural persons and corporate entities; Identification of persons and their rights.
PROPERTY RIGHTSNATURAL PERSONS AND FAMILY- The Cameroonian nationality.
FAMILY LAWMarriage (void and voidable marriage, validity of marriage, consortium); Matrimonial Regimes;Divorce and judicial separation;Legitimation;Property rights (financial provisions, custody, etc.); Child law.
LAW OF TORTGeneral principles;Defamation;Negligence;Trespass to land and to persons;Nuisance;Deceit and injurious falsehood;Wrongful process of law;Damages and remedies
CONTRACTSGeneral contract principles;Formation (offer and acceptance, intention to create legal relations, etc.); Consideration;Terms of contract (excluding and limiting terms); Capacity (required statys to get into a valid contract);Illegality;Mistake;Privacy of contracts; Privity.
PROPERTY LAWContent;The base;Accessories;Apparent and indivisible property; Evidence.
POSSESSIONPossessory actions; Prescriptions.
SUCCESSIONIntroduction;Types of succession;Distribution of property;The will;Liabilities of personal representative;Challenging a will;
PRIVATE INTERNATIONAL LAWGeneral principles;- Conflicts of law;Conflicts of law settlement;Foreign judgments and exequatur.
COMMON LAW CIVIL PROCEDUREMeaning of civil procedure and its application in Anglophone Cameroon;Commencement of civil proceedings (motions, petitions, writs of summons);Simplified recovery procedure and the undefended list;Parties (nature, joinder procedure, misjoinder procedure, representation proceedings, etc.);Joinder and consolidation of causes of action;Service of process and appearance;Pleadings (functions, content, facts that must be specifically pleaded, etc.);Interim relief (interlocutory order, injunction, etc.); Equitable relief;Interlocutory application; Settlement of issues;Stay of execution;
PRINCIPLES OF EVIDENCE LAWMeaning and nature of evidence and the laws applicable to evidence;Facts which need not be proved:Relevancy and admissibility of facts;Admission (formal and informal)Confession;Hearsay evidence;Opinion evidence;Similar facts evidence; Compellabity of witnesses; Corroboration.C. Papers for each specialty
1- JUDICIAL SECTIONa) Business lawOHADA and its institutions;General Commercial Law;The Company Law and the legal status of economic interest groups; Collection of receivables;Security and enforcement proceedings;Collective proceedings for discharging liabilities;The Arbitration Law;Consumer law and Competition Law;Major business contracts:Company Contract;Return for Professional Use;Loan Contracts*Sales and Purchase Contracts;Transport Contract;Service Contract; Labour Contract;Corporate, Subcontracting, Engineering, Technology Transfer Contracts Lease Contract;Management of Lease Contract;Distribution, Franchise, Concession Contracts; * etc.b) Criminal lawGeneral principles;The offence;Coactions and complicityCriminal responsibility; Penalties;Suspended sentences.c) Criminal procedureThe leadings principles of legal proceedings;Public action;Civil action;Prescription of public action and of penalties;Preliminary investigation and preliminary inquiry;Rules of evidence:Police custody and detention;Alternative measures to imprisonment;Execution of court decisions;Remedy at law (appeal) and authority of the res judicata.
2- ADMINISTRATIVE SECTIONa) Constitutional law, administrative law and administrative litigations General Administrative Law: public establishments, administrative acts, public services;Administrative litigation: the status of the administrative judge and administrative justice.b) Public freedoms and human rightsFreedom of expression, information and communication;Freedom of association, of meeting and formation of political parties;Freedom of movement;Human Rights;The limitations of public freedoms;Institutions regulating public freedoms:The National Commission for Human Rights and Freedoms;Competent Courts of Common Law;A special court: the High Court of Justice;
c) PUBLIC INTERNATIONAL LAWSettlement of disputes.
b) PUBLIC FINANCEThe rudiments of public finance;State financial policy;The financial policy of Regional and Local Communities; The budgetary and accounting set-up of the State;The budgetary and accounting set-up of administrative public establishments;The budgetary and accounting framework of Regional and Local Communities;Management of the State budget audit;Financial courts in Cameroon and abroad;Relations between financial courts and judicial authorities.
Il 1 ORAL EXAMINATIONInterview with a jury, which seeks to assess the personality of the candidate and his predisposition to serve the State and the citizen.NB: Emphasis shall be laid on the knowledge of judicial institutions in Cameroon.
2. THE JUDICIARY CORPSMagistrates: the status of magistracy, the Higher Judicial Council (HJC) Court registrar and legal department staff and their status.
3. AUXILIARIES OF JUSTICEBailiffs and executing officers;Barristers; Public notaries; Judicial police.
4. THE LANGUAGE JURYAn interview with a jury in French.
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