COURSE TITLE: CIVIL AND COMMON LAW

COURSE MASTER: NAH HENRY MBUTU (P.D)

Institution: institute universitaire de la cote

Course objectives: This course seeks to introduce students to the understanding of concepts in
law, with particular focus on: what is law, it characteristics and it sources, fundamental human
rights, the history of Cameroon legal system, fundamental principles underlying the
administration of justice in Cameroon, criminal liability, civil liability, labor law, law of persons
(the concept of legal personality), and basic knowledge on company law.

Course outline

 Introduction to the concept of law

 Definition and characteristics of Law,
 The branches or classification of law: The sources of the law
 Human rights
 History of Cameroon legal system
 Fundamental principles underlying the administration of justice in Cameroon
 The Legal organization (the courts)
 Criminal responsibility
 Classification of offences
 Types of sanctions, defenses to criminal responsibility, etc
 Civil responsibility (contract and Tort)
 Labor law:
 Definition of labor and evolution of labor law
 The sources of labor Law
 The contract of work (conclusion, implementation and rupture)
 The conflicts of work (individual and collective labor conflict)
 The delegate of the staff, unions
 Work accidents and occupational diseases

1
  The hygiene and safety in the workplace
 Legal concepts on Company Law
 Formation of a company
 Corporate legal personality, lifting the veil of incorporation, dissolution of companies
 Law of persons (The right to legal personality)

INTRODUCTION TO THE CONCEPT OF LAW

Definition of law: essential Laws could be defined as rules and regulations set forth by
competent authorities to regulate the conduct of individuals in the society, a breach of which
attracts sanctions. This competent authority is the legislator (which is the parliament in
Cameroon).

1) Some Essential Characteristics of law

It should be promulgated or passed by a legitimate or constituted authority that is, made known
to those who are expected to follow it. In a State like Cameroon, we have three branches of
government: legislative body (the parliament) is the law-making body; the executive body is the
implementing body and the judiciary as the enforcing body.

2) It should be General in applicability:

The treatment accorded by the Law should be equal, regardless of position, sex, age and status in
life. The law applies to everyone, poor or rich, big or small, powerful or weak.

3) It is backed by sanctions for it non-respect: all law passed are meant to be enforced and
must be enforced. Force has been said to be the essence of any law. There are various ways in
which obedience to the law can be assured such as by a threat of a prescribed penalty against
anyone who violates it, thus its violation leads to punishment.

Functions of law (importance)

2
1) Law maintains peace and order in a society.

2) Law resolves or settles social disputes between citizens in a country.

3) Law regulates human conducts in a society.

4) Law act as a standard settling and control mechanism in a society.

5) Law defines the right and obligations of citizens in a country.

6) Law structures the organs of government and confesses to them the power they exercise.

7) Law acts as an instrument of communication and enforcement of social values.

Classification of law into public law and private law

A. Public Law

Public law is that part of law which governs relationships between individuals and the
government. The role of public law is to regulate the relationship between the state and
individuals. Public law comprises constitutional law, administrative law, tax law and criminal
law among others. Public law is especially important because it provides checks and balances.
This means that this area of law ensures that the government does not abuse its power over
individuals and that they use their power in a fair and proper manner.

Some branches of public law

Constitutional law is a body of law dealing with the fundamental principles by which a
government exercises its authority. These principles typically define the roles and powers of the
various branches of the government and the basic rights of the people. Constitutional law is
derived from a written document: the Constitution. In most cases, constitutional law evolves over
time it is modified by the government’s legislative or parliamentary branch and interpreted by its
judicial branch. Common elements of constitutional law include the provision and assurance of
human rights and civil liberties, the division of governmental powers, and assurance of
protection under the rule of law.

3
Administrative law refers to the body of law which regulates bureaucratic managerial
procedures and defines the powers of administrative agencies. These laws are enforced by the
executive branch of a government

Tax law is the body of law that sets out the rules and regulations on who, how, when, and how
much must be paid as taxes to local, or state, and authorities.

Criminal law refers to a body of laws that apply to criminal acts. In instances where an
individual fails to adhere to a particular criminal statute, he or she commits a criminal act by
breaking the law.

B. Private Law

Private law is the law which regulate the relationship between citizens in a states such as the law
of contract, law of tort, labour law, family law and law of succession among others.

For instance, family law deals with family-related issues and domestic relations including
marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony,
and child support awards, child abuse issues, and adoption. Succession law deals with affairs
such as estate planning, testate and intestate succession, probate, and law of wills

In general terms, private law involves interactions between private individuals, whereas public
law involves interrelations between the state and the general population.

SOURCES OF LAW IN CAMEROON

The sources of law are varied and include:

1. Constitution:

This is the highes law in a country. It is the fundamental law that governs a nation in relation to
its citizens.

It provides mechanisms for the maintenance of order and ensures the general welfare of its
citizens. The constitution consists of the fundamental principles on which a State is governed. It
indicates how the government should be structured and empowered. It is the political and legal
machinery of the state. All laws must conform and comply with the provisions of the

4
Constitution, otherwise they becomes unconstitutional. The Constitution of Cameroon is the
supreme law of the Republic of Cameroon. Although the constitution is the highest law of the
land, it is restricted from infringing on certain liberties such as freedom of speech and worship.

2. Legislation:

These are laws that emanate from the legislative (law making) bodies of the State. In Cameroon,
the main legislative body is called the parliament which is made up of the senate (upper house of
parliament) and the national assembly (lower house of parliament). There are other bodies or
authorities empowered by the Constitution to pass laws. Local legislations will therefore include
statutes (laws), ordinances, decrees, administrative decisions, orders etc.

Legislation is a principal source of law in Cameroon and article 14 (1) of 1996 constitution of
Cameroon provides that, “Legislative powers shall be exercised by the parliament which shall
comprise two houses: the national assembly and the senate”

3. Case law (Common law /Judicial Precedent)

This is law made by judges in court based on the doctrine of binding precedent. This is a
common law practice where by decisions of judges in 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. This is one of the most important primary sources of law, certainly the most
important for jurisdictions that follow the common law system like in the English speaking part
of Cameroon.

Under the common law system, the case that comes first sets down the rule by judicial decision,
such that when subsequent cases involving similar facts arise, judges are bound to follow the
existing judicial decision (laid down in the first case). This gives rise to the doctrine of binding
precedent or Stare Decisis in the Latin expression which means to stand by what has been
decided (whereby the judge is not merely to refer to earlier decisions for guidance; he is bound to
apply the rules of law contained in those decisions).

If, however, the court finds that the current dispute is fundamentally distinct from all previous
cases and legislative statutes are either silent or ambiguous on the question, judges have the

5
authority and duty to resolve the issue that is, to make law by creating a precedent and it will
bind future cases with similar facts.

4. Customary laws

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), according to this section, a custom 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.

5. International Treaties/conventions

An international treaty is an agreement between two or more states. According to section 45 of

the constitution of Cameroon, all international treaties duly ratified shall be applicable in
Cameroonian. In a situation where a national law is in conflict with a treaty, the treaty shall
override the national law (except the constitution).

HUMAN RIGHTS

The concepts of human rights

Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, ethnic origin, colour, religion, language, or any other status. We are all equally
entitled to our human rights without discrimination.

Note: The atrocities of the Second World War made the protection of human rights an
international priority.

The human rights era started with the formation of the United Nations in 1945, which was
charged with the promotion of human rights. The United Nations allowed more than 50 Member
States to contribute to The Universal Declaration of Human Rights (proclaimed/adopted by the
United Nations General Assembly in Paris on 10 December 1948 by General Assembly
resolution 217 A (III) as a common standard of achievements for all peoples and all nations).

6
It was the first major document at the global level to spelt out fundamental rights and freedoms
shared by all human beings. It stated in clear and simple terms rights which belongs equally to
every person whether sick or in health. It provides in article 1 that all human beings are born free
and equal in dignity and rights. Medical Practitioners have an ethical duty to protect the human
rights and human dignity of the patients.

Every human being has the basic fundamental rights which government must uphold and respect.
It is based on the belief that, all people, where ever they live have the same basic needs.
Fundamental rights and freedoms that are universally protected have developed over the decade.
They include;

1) The right to live

2) Freedom from slavery
3) Freedom from torture
4) The right not to face discrimination because of race, ethnic origin or religion
5) The right to face trial
6) Freedom of thought
7) The right not to be arrested and imprisoned arbitrarily
8) Freedom of opinion and expression
9) The right to work and education, etc

Characteristics of human rights

1. Human rights are inalienable

This means that you cannot lose them, because they are linked to the very fact of human
existence, they are inherent to all human beings. In particular circumstances some – though not
all – may be suspended or restricted. For example, if someone is found guilty of a crime, his or
her liberty can be taken away; or in times of national emergency, a government may declare this
publicly and then derogate from some rights, for example in imposing a curfew restricting
freedom of movement.

2. Inherent: everyone is born with them.

7
3. Human rights are indivisible, interdependent and interrelated: This means that different human
rights are intrinsically connected and cannot be viewed in isolation from each other. The
enjoyment of one right depends on the enjoyment of many other rights and no one right is more
important than the rest.

4. Human rights are universal: This means that they apply equally to all people everywhere in
the world.

Every individual is entitled to enjoy his or her human rights without distinction of "race" or
ethnic background, colour, sex, sexual orientation, disability, language, religion, political or
other opinion, national or social origin, birth or other status

5. Fundamental: Human Rights are fundamental rights because without them, the life and
dignity of man will be meaningless

Classification of human rights

Human rights can be classified and organized in a number of different ways, at an international
level the most common categorization of human rights has been to split them into civil and
political rights, and economic, social and cultural rights.

Civil and political rights are enshrined in articles 3 to 21 of the Universal Declaration of Human

Rights (UDHR) and in the International Covenant on Civil and Political Rights (ICCPR).
Economic, social and cultural rights are enshrined in articles 22 to 28 of the Universal
Declaration of Human Rights (UDHR) and in the International Covenant on Economic, social
and cultural Rights.

Sources of human right

At the national level, we have the constitution of the state as well as national legislations
relating to human rights.
At the international level, the primary sources of Human rights are obviously and the various
human rights documents and treaties. e.g:

- the United Nations Universal Declaration of Human Rights

8
- International Covenant on Economic, Social and Cultural Rights (ICESCR).
- International Covenant on Civil and Political Rights (ICCPR).
- African Charter on Human and Peoples' Rights
- American Convention on Human Rights
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the
European Convention on Human Rights (ECHR)
- Convention on the Elimination of All Forms of Discrimination Against Women
- Convention on the Political Rights of Women
- Convention on the Prevention and Punishment of the Crime of Genocide

HISTORY OF THE CAMEROON LEGAL SYSTEM

There is no State in the world without a legal system. In as much as the Republic of Cameroon
has a dual heritage, it may also be interesting to know that there is no text or law in Cameroon
that identifies the various legal systems existing in Cameroon. This does not mean the space for
the meaning of a legal system will be left blank. For the sake of this study and to better orientate
the mind of the students to have a good grasp of the subject matter, “A Legal System refers to the
process of interpreting and enforcing the law. It can also be seen as a system of law approved by
the legislature to govern the state”.

The Cameroon Legal System has an interesting history. Our legal system is a reflection of our
colonial heritage. It should be recalled here that after the Second World War when Germany was
ousted from Cameroon, thanks to the joint efforts of the British and French. There was need to
share the entire territory of Cameroon between Britain and France and as a result, France took up
80% and Britain occupied 20%.

These 80 and 20 percent constitutes what are today the French and English Regions of Cameroon
respectively. To ease their administrative activities in Cameroon, Britain and France brought in
their laws from their respective countries to regulate their affairs in their respective areas. As a
result, the British brought in the Common Law to apply in the British Provinces of Cameroon
while the France brought in the French Civil law to apply in French Cameroon. This is why and

9
how Cameroon came about with a dual Legal system of laws; that is the Common Law and the
Civil Law legal systems.

N.B. Cameroon has two major legal systems to which two again can be added. The two main
legal systems of Cameroon came from France and Britain as a result of colonization.

Differences between Common Law and Civil Law

Table illustrating the differences between the Adversarial System Inquisitorial System of
laws

The following table outline contains the fundamental differences between typical adversarial and
inquisitorial systems-

Adversarial (common) System Inquisitorial (Civil law) System

The adversarial system aims to get the truth The inquisitorial system is generally aims to
through the open competition between the get the truth of the matter through extensive
prosecution and the defence. investigation and examination of all evidence.

In an adversarial system all parties determine In an inquisitorial system the conduct of the
what witnesses they call and the nature of the trial is in the hands of the court. The trial judge
evidence they give. The court overseeing the determines what witnesses to call & order in
process by which evidence is given. which they are to be heard.

In adversarial systems previous decisions by There is little use of judicial precedent in

higher courts are binding on lower courts. inquisitorial systems. This means Judges are
free to decide each case independently of
previous decisions by applying the relevant
statutes.

In an adversarial system the rule of lawyers is In an inquisitorial system the rule of lawyers is
active. passive.

The judges pronounce judgment depending on The judge plays an active rule for questioning
the hearing, evidence or on the basis of and hearing the parties directly.
examination & cross-examination.

In an adversarial system the rule of the judges In an inquisitorial system the rule of the judges
are merely passive in nature. is very active.

10
The case management does not depend upon The case management depends upon the judges
the judges so the judges contribution is very so the judge’s contribution is very high for the
low for the disposal of any case. disposal of any case.

In an adversarial system all references are In an inquisitorial system references also

presented by the respective lawyers of both the presented by the judge & they play’s an active
parties. rule.

The case management depends upon the The case management depends upon the judges
lawyer’s of both the parties & they get and the judges fixes the term for the disposal of
unfattered opportunity for the case any case.
management upon their own wishes.

In an adversarial system the hearing, evidence In an inquisitorial system documents and

or examination & cross-examination done by information about the real facts get priority.
the lawyer get priority.

Case management is not effective under this Case management is effective under this
system because the judges cannot exchange system & the judge’s sits with the parties and
views with the parties for taking any decision. can exchange views for taking any decision for
So no initiative can be taken for speedy speedy disposal of any case.
disposal of any case.

In an adversarial system judges has In an inquisitorial system judges have wide

discretionary power but that is not wide by the discretionary power.
evidence.

Repeated time petition (common practice) is The main object of this system is to reduce the
permitted at the time of continuance of the case time for disposing a case and to ensure speedy
& the lawyer’s take the opportunity of making justice. Judge plays an active role in deciding
time petition. So delay occurs in disposal of time petition & may honored or reject time
any cases. petition.

1. Different from their source or origin. Common Law originates from English Law while Civil
Law originates from Roman Law.

2. Common law is more of case law or judge made law while civil law is written in texts and
other statutes.

11
3. Decisions within the Common Law are considered binding in general while decisions in civil
case apply to that case only.

Question: Q1- Briefly describe the Cameroon legal system

Q2- Identify and discuss the various legal systems practiced in Cameroon

FUNDAMENTAL PRINCIPLES UNDERLYING THE ADMINISTRATION OF

JUSTICE IN CAMEROON

Justice may be defined as the fair and proper administration of law .Unlike other legal issues, the
question of justice is a universal one because it is a question that has been considered during all
periods and by all countries as part of the order of values. In other to ensure its smooth
functioning and organization, the public service of justice is governed by a number of principles.

The administration of justice is the process by which the legal system of a government is
executed. It should be noted with care that there are principles which govern the organsiation and
functioning of justice in Cameroon.

Public service of justice must respond to a multitude of needs. In this vein, justice must be
capable of responding to all legal issues. Courts and tribunals must therefore be specialized. In
the same vein, judges have an obligation to perform their duties with impartiality and
independence. Again, their decisions must be a consensus or a compromise. Finally, the public
service of justice must be able to function in everyday life, in a hierarchical manner. This
hierarchy applies to both courts and personnel. All of the above can be achieved if the public
service of justice conforms to a number of principles.

We shall begin straight away with examining these principles governing the organization and
functioning of justice:

1. The Principle of Separation of Power

This principle has a dual meaning. In the first place, it means that there should be separation of
different types of courts. Administrative courts should be different from judicial courts.
Administrative courts are courts which settle disputes between the administration and private
individuals while judicial courts settle disputes between private individuals. Also, judicial courts

12
should be divided into civil courts and criminal courts. While civil courts handle social and
commercial matters, criminal courts handle matters relating to the commission of offences.

Secondly, the principle of separation means that there should be separation between the various
personnel in charge of rendering justice. In this light, there should be a distinction between
judges (magistrates of the bench) and prosecutors (magistrate of the legal department).

2. The Principle of Hierarchy

This principle also has a double significance. Following this principle, there should be a
necessary hierarchical relationship between the various jurisdictions (courts). Several reasons
have been advanced for this. Firstly, the principle of hierarchy is a guarantee which favours
litigants (plaintiffs and defendants). In this connection, it enables litigants to appeal to a higher
jurisdiction against the decisions of a lower jurisdiction. Secondly, it leads to the harmonization
of jurisprudence (decided cases). In this light, it erases all disputes that may arise between the
courts with respect to a legal issue. Whenever there is a dispute between lower courts with regard
to the solution to be applied to a legal issue, lower courts must adopt the decision given by the
higher court.

The second meaning of this principle is that the prosecutors or State counsels are subjected to the
principle of hierarchical subordination. In the exercise of their functions, they are subjected
under the government (the ministry of justice).

3. The Principle of Independence and Impartiality

Today, this principle is recognized both by national and international law. Considered as a
fundamental human freedom and as a universal norm, the principle of independence and
impartiality is ranked amongst the first values of the Code of Judicial Conduct adopted on 25 to
26 November 2002 at The Hague. The principle of independence and judicial impartiality is
expressed by the phrase “everyone is entitled to have his case tried by an independent and
impartial tribunal”.

13
The independence of a tribunal does not only refer to independence vis-à-vis the political power
but it also means independence of judges vis-à-vis expert witnesses and vis-à-vis fellow judges.
The independence of the judiciary is a necessary prerequisite to the principle of freedom and it is
a fundamental guarantee of the right to a fair trial.

In order to protect and ensure impartiality of judges and courts, there are a number of procedural
safeguards that protect the judges and courts. Impartiality is essential for the proper discharge of
judicial functions. The judge must not only be impartial in his decisions, he must also be
impartial during the process leading to his decision.

4. The Principle of Collegiality/Panel of Judges

This is a relative principle. It attempts to provide an answer to the question of whether a case
should be heard by a single judge or by several judges who sit in a panel or college. The
advantage of collegiality consists in that it allows judges to take a decision which is as a result of
a consensus or accord between the various judges. Such a decision is usually sound. However, in
practice, collegiality has many disadvantages. For example it is usually more expensive and time
consuming. These disadvantages have led to a series of objections against the principle of
collegiality to the extent that there are contemporary or modern trends in favour of a system of
single judge rather than a system of college/panel of judges.

In Cameroon, there has been an adoption of a mixed system. While there is the application of a
system of a single judge or unique judge in the Court of First Instance and the High Court,
collegiality is being used in in the Court of Appeal and the Supreme Court.

5. The Principle of Equality before the law

It is first of all necessary to understand the meaning of the principle. The principle does not mean
that all individuals are always physically, intellectually and socially equal. Rather, it means that
all individuals have equal rights to be heard by the same courts following the same laws since the
courts and laws are the same for everyone. This principle originated from the Universal
Declaration of Human Rights of 1789. Today, equality before the law is regarded as a general
principle of law. Ultimately, the principle of equality before the law means that all individuals

14
found in the same situation must be tried by the same courts, following the same procedural and
substantive rules.

6. The Principle of neutrality of the Judge

It is a fundamental guarantee that benefits all litigants. This principle is stated in relatively clear
terms: “everyone is entitled to have his case heard fairly, publicly within a reasonable time by an
independent and impartial tribunal”. This principle has a double interpretation.

Firstly, it has a technical significance. The judge has to play a much more passive or reserved
role. He is not to take sights with any of the parties. He is to maintain his independence
regardless of whether or not the procedure is accusatorial or inquisitorial. In the accusatorial
system, the judge plays a more passive role. The evidence and the witnesses are arranged and
examined by the counsels themselves while in the inquisitorial system; the judge plays a very
active role in examining witnesses and arranging evidence. Whether he is actively or passively
involved in the proceedings, the judge must be neutral.

Also, the principle of neutrality of the judge has a social or political significance. Here, the
principle means that the individual must be protected against the judges personal beliefs (social
or political). The judge must be absolutely impartial. Therefore, the decision he adopts, must not
take into consideration the individuals involved, it must not be influenced by social or political
category to which they belong.

Finally, the principle of social and political neutrality requires the judge not to be influenced by
his personal ethics and beliefs.

7. The Principle of Permanence and Continuity

This principle specifically states that the public service of justice should operate without any
interruption.

This principle has to be examined in the context of judicial holidays and strikes.

15
- Judicial Holidays: should the courts stop working during judicial holidays or vacations? Two
main answers have been given to this question. According to the first, courts should close at
certain times (vacation) of the year. According to the second, the courts are to remain open to
individuals even during vacations because of the principle of continuity of public service of
justice. In Cameroon, both answers have been adopted. Thus, during judicial vacations, the
courts remain open but operate intermittently.

- Strikes: can judges and other judicial staff exercise their right to go on strike? Judicial officials
have the right to go on strike because it is a right recognized by the constitution. However,
during such strikes, they are obliged to provide minimum services.

8. The Principle of Gratuity of Justice

According to this principle, magistrates or judges are not to be paid by litigants before justice is
rendered. There should be free access to the courts. In reality, the public service of justice is a
free service whose cost is born and supported by the State through taxes.

However, the services of advocates, solicitors and other legal practitioners are not free. Litigants
must therefore pay legal fees and other stamp duties (taxes levied on legal documents).
Considering the economic situation of some litigants, the government has provided legal aid so
as to assist them. This legal aid is intended to ensure access to the courts.

9. Principle of non –retroactivity of law

The preamble of the 1996 constitution of Cameroon provides that the law may not have
retrospective effect. That is, no person may be judged and punished, except by virtue of a law
enacted and published before the offence was committed.

10. Justice is brought nearer to the people

This is to decentralize the courts to at least every subdivision to have a court of first instance,
high court, in each division and the court of Appeal at every regional headquarters.

11. Justice must be administered in public

16
The 1996 constitution of Cameroon provides in it preamble that the law ensures the right of
everyone to a fair hearing before the courts. This embodies the fact that a party and his witness
must be heard, to the extent where the court produces an interpreter to a witness who does not
understand the language.

12 Judgment must be a reasoned one

According to article 5 of the judiciary organization ordinance of 1972, all judgments must set out
the reasons for which they are based in fact and in law. Any breach of this provision renders the
judgment null and void. The reason is to avoid judgment which may be arbitrary and capricious.

THE COURTS AND THEIR JURISDICTIONS

In Cameroon, the Court system is governed by law no 2006/015 of 29th December 2006 on the
Judicial Organization of Cameroon modified and completed by law no 2011/027 of 14th
December 2011. The courts can be classified under three main heading: courts with original
jurisdiction, courts with appellate jurisdiction and courts with special jurisdiction

A. Courts with Original Jurisdiction

1) Customary courts have competence in civil matters. Customary marriages, divorce and
inheritance. Customary law courts apply the custom of the parties. Note should be taken that
customary law courts have no competence in criminal matters. Note should also be taken that
where the law has reserved a particular area exclusively to other courts, the customary law courts
do not have competence. Customary court is for Christians and the Alkali court is for Muslims.
Judgments delivered in these courts can be appealed against by an unsatisfactory litigant in the
court of appeal of the region where the judgment was delivered.

2) Courts of First Instance have competence in Criminal Matters to hear all offences classified
as misdemeanors and simple offences. It is competent to grant bail. It also have competence to
hear Civil, Commercial and Labour Matters where the amount of damages claimed does not
exceed 10.000.000 FCFA.

17
It is competent to entertain actions for the recovery of civil and commercial debts not exceeding
10,000,000 FCFA through the simplified recovery procedure. This court is established in every
subdivision, though exceptionally, one court of first instance can cover more than one
subdivision.

3) High Courts have competence in Criminal matters to try felony related offences and to grant
bail in felonious offences. In Civil, Commercial and Labour matters: To hear cases related to the
status of persons, marriage, divorce, filiations, adoption, inheritance; Recovery of debts
exceeding 10.000.000 FCFA; and cases where damages claimed exceed 100,000,000FCFA. It is
established in every Division thought exceptionally, one High court can cover more than one
Division.

B. Courts with appellate jurisdiction

1) Courts of Appeal: Hear appeals against judgments and decisions of customary law courts, the
courts of First Instance and the High Courts. The time limit for appeals in criminal matters is 10
days. Each Region has a court of Appeal.

2) The Supreme Court: The seat of the Supreme Court is in Yaoundé. Its function is to ensure
that judgments of lower courts are in consonance with the law. It receives appeals from the
various Courts of Appeal, the Lower courts of Administrative litigation, The Lower or Regional
Audit Courts. The Supreme Court is made up of the Judicial Bench, the Administrative Bench
and the Audit Bench.

- The Judicial Bench: Appeals from the 10 courts of Appeal go to the Judicial Bench. These
appeals are on civil, criminal, and customary law cases. Appeals in commercial matters from the
courts of Appeal are heard by the Joint Court of Justice and Arbitration in Abidjan and not by the
Supreme Court.

- The administrative Bench: It hears appeals against decisions in disputes relating to regional
and council elections. It is also competent to hear appeals from the lower courts of administrative
litigation.

- The Audit Bench: It controls and rules on the accounts of State, public and semipublic
enterprises. It also gives final judgment on the decisions of Regional Audit Courts.

18
C. courts with special jurisdiction

- Military court: They have competence amongst others to carry out trials for: theft committed by
the use of fire arms; offences committed by military men in a military establishment or in the
exercise of their duties; offences committed by civilians in a military establishment which causes
damage to military equipment or to the physical integrity of a military man; offences relating to
the purchase, sale, production or keeping of military apparels.(govern by law N0 2008/015 of 29
December 2008 to organize military justice and lay down rules of procedure applicable before
military tribunals)

- Court of impeachment: shall have jurisdiction to try the following persons in respect of acts
committed in the exercise of their functions: the president of the republic for high treason and the
prime minister, members of government and high ranking persons such as senior government
officials to whom power has been delegated to.

- The state security court: has exclusive jurisdiction to try felonies and misdemeanours against
the internal security of the state.

- Special criminal court: specialize in handling cases related to misappropriation of public

funds, corruption and embezzlement of public funds

- The constitutional counsel: established at the national level and it is based in Yaoundé. It
oversees and proclaim results of elections in the country. It also handles and hears petitions
against the conduct and the results of the election. It administers aoth of office of the new
president of the country. Its members are appointed by the president of the republic. It handles
cases touching on the constitutionally of laws.

Personnel of the court and their functions Function of a judge

-He has the duty to render justice and to do so with impartiality

-He is also in charge of settling dispute and rendering judgment in a given case
-He chairs and takes records in all proceedings
-He also have the duty to prevent the commission of crimes in a society
In discharging the above functions, the judge is expected to be neutral, impartial and his
judgment must be subjected to the law and his conscience

19
Function of the court registrar

- He is the custodian of all originals of court judgments

- He or she takes down minutes in courts during courts sessions
- He or She keeps and preserve exhibit tendered before the court
- He or She plays the role of the store accountant by receiving payments on behaves of the court.
-He or She call up cases from the case list

Function of the Bailiff

-He is a process saver

- He ensures that court judgments are well executed
-He carries out auction sales of seized properties in the public

Function of the Lawyer

-They act as advisers to their clients
-They represent their clients in court
-They ensure that judgment passed in favour of their client is well executed
-They receive payment on behalf of their client Prepared by
-They carry out legal drafting for their client

Function of the judicial police

• They are auxiliary of the state council

• They investigate offenses
• They collect evidences
• The identify and bring offender before the state council
• They also play the role of a process saver like the bailiff
• They receive complains from the general public

CRIMINAL RESPONSIBILITY

20
Criminal law handles offences committed against the state. These offences are called crimes. In
such cases, the legal department represented by the state counsel prosecutes on behalf of the
state. Examples of crimes: theft, cloud on parentage, abortion, rape, sexual harassment etc.

Section 74(2) of the Cameroonian penal code (PC) provides that criminal liability shall lie on he
who intentionally commits each of the ingredient act or omission of an offence, with the
intention of causing the results which completes it. This tells us that criminal responsibility is
personal.

The two elements that makes up an offence are: the mens Rea (the intention to commit the
offence) and the Actus Reus (the act of committing the offence).

Classification of criminal offences

Offences shall be classified as felonies, misdemeanours and simple offences according to the
principal penalties provided for them, as follows:

- Simple Offence: It is an offence punishable with a term of imprisonment of up to 10 days or a

fine of not more than 25.000 FCFA

- Misdemeanour: it is an offence punishable with loss of liberty from 10 days to 10 years or

with a fine of more than 25.000 FCFA

- Felony: It is a serious offence usually punishable with death or a term of imprisonment whose
maximum is more than 10 years.

Parties to crime

a. An offender: a person who commits an offence or offences

b. Co-offender: person who jointly commit an offense or offences
c. Principal offender: the person who actually carried out the act. He can also be called the
perpetrator.
d. Accessory: someone who helped or assisted the principal offender in the commission of the
offence
e. A suspect: a person who is alleged to have committed an offence or one againt whom there is
clue that he/she has committed an offence.

21
f. An accused: a person who is already standing trial in a court of law for an offence.
g. Convict: one who has been tried duly and pronounced guilty of an offence.
h. Victim: a person who has suffered a wrong.

Penalties for a crime

Principal penalties
a. Fines
b. Death sentence
c. Imprisonment or loss of liberty (for life or for a term)
Accessory penalties ( see sections 30, 34, 33, 35 of the penal code)
a. Forfeitures
b. Publication of judgment
c. Closure of establishment
d. Confiscation
e. The court may also impose preventive measures such as Bann on occupation Burden of Proof
under Civil Law and Criminal Law The burden of proof is different under Civil Law and under
Criminal Law. In Civil Law, the burden of proof is based on the balance of probabilities, while in
Criminal Law, the burden of proof is beyond reasonable doubt.

Some Defences to Criminal Responsibility in Cameroon

In criminal law, a defence is available if the accused can prove the following.
1. Lack of intention: this is when the act (crime) took place without mens rea. But if someone
causes the death of another unintentionally, the person will still be punished even in the absence
of mens rea.

Mistake: the accused may show that he/she acted by mistake. Mistake negates intention or
recklessness. But it should be recalled that according to section 75 of the Cameroon Penal Code,
ignorance of the law is no excuse.

3. Insanity: insanity may be proven if the accused acted under a defect of reason caused by a
disease of the mind so that he or she did not know the nature of what he or she was doing. (see
section 78 of the PC)

22
4. Intoxication: this is a type of legal insanity, and it may negate mens rea if it cannot be proven
that the accused intentionally intoxicated himself in order to have the courage to commit the
crime. This may be taken into account when pleading mistake. (see section 79 PC)

5. Threat: no criminal offence shall attach to an act or omission committed as a result of threats.
(see section 81 PC)

6. 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. Example Andy cannot
take orders from his father to go and still. Authority here refers administrative authority. (see
section 83 PC)

7. Infancy: No criminal responsibility shall arise from the act or omission of a person aged less
than 10 (ten) years. (see section 80 PC) a minor cannot be held criminally liable: he is considered
a doli incapas. Some offences in which medical practitioners could be held criminally liable

1 Abortion: this is the termination of a feotus before due date. It is considered unlawful if the
abortion is not supported by the law. Thus abortion is of two types: legal and illegal. Legal
abortion is when is when it is carried out for any of the following reasons;

a. Therapeutic reasons: To safe the life of the mother which is in grace dander. The medical
doctor must have examined the mother and has concluded that the only way to safe her life is to
scrap off the fetus. In this case there must be a report from the Doctor.

b. Pregnancy resulting from rape: a lady who is raped can proceed under the law and do an
abortion if the rape resulted to pregnancy: She must be in possession of a hospital report to show
proof of the fact of rape and pregnancy; she must be able to show proof that, she laid a compliant
of rape perpetrated against her; she gets an authorization from the state counsel to do the
abortion. Any medical doctor who procures an abortion of a pregnancy resulting from rape
without authorization from the state counsel is acting in illegality and risk facing the wrath of the
law. Only a qualified medical doctor is mandated under the law to do an abortion.

Punishment for illegal abortion

23
The lady is punished with imprisonment of from 15days to 1year or fine of 5000 to 200,000 frs
or with both fine and imprisonment.

The person who procures her abortion not withstanding her consent is punished with
imprisonment of 1year to 5 years and with fine of from 100.000 to 2,000,000 FRS

2 Rape: it is usually referred to as a male offence. Iit is the act of having sexual intercourse
forcefully with a person of the opposite sex against the person’s wish. Rape is punished with
imprisonment of from 5 to 10 years.(S.296 of PC) The punishment shall be doubled for a health
professional who rapes his client for reasons that he has authority and control over the victim at a
particular time.

In the latter case, the punishment will be doubled if the offender practiced the profession of
medicine or an allied profession.

3. Sexual harassment: this is unwelcome sexual advances made by a person in authority. Most
health professionals use the authority conferred on them by their position to harass their clients
and subordinates using threats, constraints, orders or pressure. Most professinals use it as a
means for job offer, reduction of the client’s medical treatment cost.To deter sexual harassment,
report the harasser using the chain of command, confront the harasser, and get a lawyer to help
you out.

CIVIL RESPONSIBILITY (CONTRACT, TORT)

Liability may also be invoked in the event of poor performance or, total or partial failure of
obligations based on a care contract .It can result in compensation to the victim, who is given a
financial compensation (damages) for the damage/injury suffered. Professional liability may be
covered by insurance.

A. Contract

A contract can simply be defined as a legal binding agreement between two or more persons
creating rights and obligations and enforceable by the court. For the to be an enforceable
contract, there must be Consensus Ad Idem, that is, all the parties to the contract must come to a
mutual agreement (meeting of the minds)

24
Some classifications of contract Express or implied contract

An express contract is when the intention of the parties is clearly stated in writing or orally. An
implied contract on it part is one which the terms are not so clearly stated, that is the intention of
the parties has to be inferred from their conduct and the general circumstances of the case.

Bilateral and unilateral contracts

A bilateral contract occurs where a promise or set of promises on one side is exchanged for a
promise or set of promises on the other side. Thus there is reciprocity in obligations. A Unilateral
contract is one where one party promises, leaving the other party to decide whether or not to
perform the conditions.

Valid, void, voidable and illegal contracts

A valid contract is one which fulfills all the essential requirement of a valid contract.

A contract is void if it lacks one of the essential elements of a valid contract so that in reality, it
does not exist at all.

A voidable contract is one which is valid unless and until it is brought to an end at the option of
one of the parties usually the innocent party.

An illegal contract is a contract which is prohibited by the law, illegal contracts go against
public policy (morality) or have been entered into for illegal or immoral purpose.

Elements required for the formation of a valid contract.

A valid and enforceable contract will contain a number of elements that distinguishes it from a
mere agreement. They are: Offer and Acceptance. Consideration, Intention to be legally bound
and Legal Capacity

1. Offer: The first elements in a contract would be offer. It is one of the elements to make sure
that the contract is legally valid or acceptable. An offer is an expression of willingness to
contract on certain terms.

25
It must be made with the intention that it will become binding upon acceptance. There must be
no further negotiations or discussions required. To make an offer, there should be at least two
parties or even more so that, if the offer is accepted than it would constitutes to a legally valid
contract. The person marking the offer is known as the offeror while the person to whom the
offer is being made is known as the offeree.

An offer may be revoked by the offeror at any time before the offeree accepts the offer.

An offer distinguished from an invitation to treat:

While the an offer requires no further negotiations or discussions to complete it, the offeror
intends to be bound without further negotiations, an invitation to treat on the other hand is an
invitation to make an offers or to commence negotiations from which an agreement might or
might not result. You should examine the following instances where courts have found that the
communication was not an offer but an invitation to treat:

a. A display of goods is generally an invitation to treat.

b. An advertisement is an invitation to treat.

c. A request for tenders is an invitation to treat and the tender is the offer

d. An auctioneer’s request for bids is an invitation to treat. The bid is an offer; when the
auctioneer brings his hammer down he has accepted the offer.

2. Acceptance of the offer

For a contract to be formed, there must be an acceptance of the offer. The acceptance must be an
agreement to each of the terms of the offer. Silent is not acceptance. An acceptance of an offer
may be made expressly or implied by conduct (See Brogden v Metropolitan Railway Company
(1871), where the offeree accepted the offer by performance. If the offeree attempts to add new
terms when accepting, this is a counter-offer and not an acceptance. A counter-offer implies a
rejection of the original offer. Where the offeree queries the offer and seeks more information,
this is neither an acceptance nor a rejection and the original offer stands.

26
3. Consideration: In simple term, consideration is the price paid by each party to a contract in
exchange for the other parties promise. What this means is that, in a contract for the sale of
goods, the consideration of the seller is his goods which she has transferred to the buyer, and the
consideration of the buyer is the money which he paid to the seller. Thus each party has parted
with something; the buyer with his money and the shop owner (seller) with his goods. Any party
claiming damages as a result of a beach in a contract must show that he furnished consideration.
There are two types of considerations. Executed and executor consideration. Executed
consideration is consideration that has been fulfilled while the executory is a promise to be
fulfilled in the future Some essential rule governing consideration:

- Consideration must be real (it must have some value in the eyes of the law no matter how
small)

- Consideration must be ‘sufficient’ but need not be ‘adequate’: The requirement that
consideration must be ‘sufficient’ means that what is being put forward must be something
which the courts will recognize as legally capable of constituting consideration.

- Consideration must move from the promise (but not necessarily to the promisor)
- Consideration must not be past
- Consideration must not be illegal

4. The intention to create legal relations

For there to be a binding contract, the parties must intend their agreement to be legally binding or
it must give rise to legal consequences. That is it can be enforced by the court in case one party
breaches it.

5. Legality of subject matter: For a contract to be valid, the subject matter of the contract must
be valid before the law.

6. Legal Capacity

For a contract to be valid, the contracting parties must be of required age and of sound mind.
This implies that, minors are not allowed to contract. However, there are certain types of contract
in which if minors engage in them, they will be considered as valid. These contracts are called

27
contract of necessaries. Necessaries are goods that are considered to be valuable to the wellbeing
of the minor

7. Consent: For a contract to be valid, the contracting parties must freely express their mind free
from duress and undue influence Privity of Contract. The principle of privity of contract states
that, a party who was not part of the contract cannot sue or be sued in a contract

Breach of Contract

A contract is breached if one of the parties to the contract breaks (violates) one or more of the
terms of the contract or indicate in advance that he does not intend to perform the contract.

We can also say that a breach of contract is where one party fails to perform its own part of the
obligation as was stated in the contract. When one party suffers from a bridge of contract from
the other party, the party who suffers (the injured party) is exposed to a lot of remedies

Remedies of breach of contract

1) Payment for damages: These are monetary compensations aimed at putting the injured party
in the position that they would have been if the breach had not occurred.

Damages are of two types; specific and general damages. Specific damages are damages that
have monetary values while general damages are damages that cannot be equated to monetary
value. For example psychological trauma and emotional stress

2. Specific performance: it is an order from the court requesting one party to a contract to
perform his own part of the obligation as was stated in the contract.

3. Injunction: It is order from the court preventing one party from doing something Discharge of
a contract (termination of a contract)

A contract can be discharged or terminated in the following ways:

By agreement: what was agreed by parties can be set aside by the parties themselves by ways of
mutual agreement

28
By performance: this is when each of the parties to the contract has carried out what he or she
was supposed to do.

By breach: a contract is said to be breach if one party to a contract fails to perform its own part
of the obligation

By frustration (act of God or force majeure): a contract may come to an end by no fault from the
parties but by happening beyond their reasonable contemplation or understanding which
prevented them from performance e.g. rain thunder wind landslide etc.

By operation of the law: when we talk of a contract coming to an end or discharged by the law,
we mean dead of one of the contracting party and lapse of time.

B. TORT

A tort is a civil wrong that causes a person (a claimant) to suffer loss or harm, resulting in legal
liability for the person who commits the tortious act. It can include: negligence, invasion of
privacy, battery, false imprisonment, defamation,

A) Negligence

Negligence is a tort which arises from the breach of the duty of care owed by one person to
another from the perspective of a reasonable person. Such conduct places another person at the
risk of harm In Donoghue v Stevenson [1932] AC 562, Mrs. Donoghue drank from an opaque
bottle containing a decomposed snail and claimed that it had made her ill. She could not sue Mr.
Stevenson the provider of the drink for damages for breach of contract because the drink was
bought by a friend of hers and instead sued for negligence.

Professional negligence is negligence that occurred while the perpetrator was performing as
professional, e.g. nurses, lawyers, dentist etc.

The elements in determining the liability for negligence are:

1. The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or
some other principle

2. There was a breach of that duty

29
3. The tortfeasor (defendant) directly caused the injury [but for the defendant's actions, the
plaintiff would not have suffered an injury].

4. The plaintiff suffered damage as a result of that breach

In certain cases, negligence can be assumed under the doctrine of res ipsa loquitur (Latin for "the
thing itself speaks")

Some negligent acts committed by health care personnel

1. Failure to see that a hospitalized patient’s call signal is answered. The patient may try to take
care of his own needs and injure himself in the attempt.
2. Failure to remove faulty equipment.
3. Failure to carry out orders for the patient’s procedure and medication.
4. Being careless with personal belongings of the patient e.g clothing, eye glasses e.t.c
5. Prescription of wrong medication.
6. Delegation of task to an incompetent person.
7. Accidentally leaving surgical instruments in the abdomen of a client.
Suits for negligence committed by employees of a health care establishment can be brought
against the health care establishment under the doctrine of vicarious liability. This could result in
the health practitioner losing his/her license, imprisonment sanctions and award for damages
could be made by the competent court in certain instances.

Defenses against negligence

1. Contributory negligence
2. Consent and warning
3. Required elements in proving negligent not met
Preventive measures for negligence

1. Report medication given in error

2. Pursue the physician if doctor does not respond to call or report to the administrator (higher
hierarchy)

B) Defamation

30
Defamation is the unlawful publication of untruthful statement about a person which redicles or
injures the person’s reputation. It has two varieties, slander and libel. Slander is spoken
defamation and libel is printed or broadcast defamation.

For the offence of defamation to be established, four key elements must be established;

- The statement must be made

- The statement must be false
- The statement has ridiculed the victim
- The victim is suffering as a result of the ridicule

C Invasion of privacy
The law that protects citizens by giving them the right of privacy and the right to be left alone.
This also include personal matters kept out of the public view. Invasion of privacy injures the
person’s feeling.

E.g. taking picture of a malformed child without parental permission, exposing a patient to the
public personally or though recording, pictures shall be invasion of privacy. This does not hold
for invasion if the patient has given consent or if the exposure was necessary due to procedures
essential for his care.

Health practitioners should consider that, exposure when moving patients through corridors or
when caring for them in shaded rooms does not constitute invasion of privacy. Talking with
patients in areas that are not sound proof can constitute unnecessary exposure. Personnel who
gossip or discuss information concerning patient with persons not entitled to the information may
be charged with invasion of privacy.

Information on patient’s record is considered confidential and personal. Health professionals

who carry out research are encourage to take precaution to protect the identity of patients. It is
recommended that, sound proof rooms, private wards, computer banks etc. should be used to
protect against invasion of privacy.

D. Battery: This refers to the unlawful touching of someone without his consent. Eg hitting
somebody. In the field of health, personnel should not force patients to do things and submit to

31
care against their will unless consent is obtained. A person operated upon without his consent
can sue the surgeon for Battery, Assault, or invasion of privacy.

E. Assault in civil law refers to the act the defendant which causes the plaintiff reasonable
apprehension of the infliction of harm upon him. Thus throwing away at someone is considered
to be assault and when the water touches him, it amounts to battery. Again, threatening to slap
someone is assault and finally slapping her will amount to battery.

F. False imprisonment

The unlawful retention of the movements of a person against his wish shall constitute false
imprisonment.

For instance, a person cannot be forced to remain in the hospital even when the health
practitioner believes he should remain for additional care. Where necessary, health agencies can
design special forms to use in such cases which the person signs indicating he will not hold the
agency responsible for any harm that may result from his leaving. But a mentally ill patient or
one with certain communicable diseases can be legally kept in a health institution if he pesents a
danger to the society. The burden of proof is on the claimant to prove that the retention was
unlawful and without his/her consent.

(Trespass is defined as the act of (knowingly) entering another person’s property or interfering
with his or her person without permission. Trespass could be divided into trespass to the person
and trespass to land. Generally, trespass to the person consists of three torts: assault, battery, and
false imprisonment.)

LABOR LAW

Historical Evolution of Cameroon Labour Legislation

During the colonial era, Cameroon workers were given by the colonial Labour Code, which was
known mainly to the colonial masters. After independence Cameroon continue to use the
colonial Labour Code from France and Britain. However, the situation changes in 1967 when
Cameroon enacted his own Labour code.

 Cameroon Labour Code since Independence

32
  Cameroon Labour codes since independence are;
 The federal code of 1967 created by Law No 67 of 12/06/67
 The unitary Labour code of 1974 created by Law No 74/14 of 27/03/74
 The enterprise oriented Labour code created in 1992 by law No 92/007 of 14/08/92

Sources of Labour law in Cameroon

Labour law in Cameroon can be traced from both internal and external sources.

A) Internal sources

1 The constitution: The preamble of the 1996 constitution is to effect that every Cameroon
citizen has a right to work.

2 Statute or legislation: Statutory Law is law emanating from Parliament in relating to labour
relationship.

In our situation at hand we shall be making references to the 1992 labour code enacted by
parliament to regulate labour relationship in Cameroon

3 Internal rules and regulations of companies

These are set of rules and regulations laid down by management relating to the organization
work, discipline, hygiene and safety necessary for a smooth functioning of the establishment.

B) External sources

1. International convention

This is a text prescribe by the international labour organization(ILO)to regulate labour

relationship within member states who are signatories to the convention and have undergone
ratification of the said convention

Who is a worker?

33
Section 1(3) of the Cameroonian labour code of 1992 provides that a "worker" shall mean any
person, irrespective of sex or nationality, who has undertaken to place his services in return for
remuneration, under the direction and control of another person, whether an individual or a
public or private corporation, considered as the "employer".

Formation and execution of labor contract

A contract of employment shall be an agreement by which a worker undertakes to put his

services under the authority and management of an employer against remuneration. Contracts of
employment shall be negotiated freely.

Types of contract of employment:

Generally, a contract of employment may be concluded for a specified or unspecified duration.

(a) A contract of specified duration is a contract whose termination is fixed in advance by both
parties. It may not concluded for a duration of more than (2) two years renewable once.

(b) A contract of an unspecified period is a contract whose termination is not fixed in advance
and may be terminated at any time by the will of the worker or the employer, provided that prior
notice is given.

Other Forms of Contract of Employment The 1992 labour code of Cameroon identifies other
forms of labour contracts besides that of specified and unspecified duration. Section 25(4) of the
labour code recognizes occasional, temporal contracts, and seasonal contracts under which
certain workers may be recruited as employees. Such employments are mainly dictated by the
unexpected developments in the industry or enterprise.

a) Temporal contracts: It is an employment contract aimed at replacing a worker who is absent,

or whose contract has been suspended, or for the realization of a given task for a period of time.
Temporary contracts may not be concluded for a period exceeding from one day to 15 days or
may they be renewable more than once i.e. it has a minimum of one day, and a maximum of 30
days.

34
b) Occasional contracts: This is an employment contract aimed at executing some improvised
activities in the enterprise e.g. urgent repairs to avoid accidents. Its duration is not above 15
(fifteen) days.

c) Seasonal contracts: These contracts are mostly practiced in agricultural and other harvesting
units of the country. It is dependent on climates of the year. It should not exceed 6 (six) months.

Remuneration (wage)

In this law, "wages" means remuneration or earnings, however designated or calculated,

capable of being evaluated in terms of money and fixed by mutual agreement or by the
provisions or regulations or collective agreements which are payable by virtue of a contract or
employment by an employer to a worker for work done or to be done or for services rendered or
to be rendered.

For the same type of work and level of proficiency, workers shall be entitled to the same
remuneration, irrespective of their origin, sex, age, status and religion, subject to the provisions
of this section. Apart from the cases provided for by the regulations or collective agreement in
force and except where there is agreement between the parties concerned, no wage shall be paid
to a worker in case of absence.

Mode of payment: wages shall be payable in legal tender and any other method of payment
shall be unlawful. Any stipulation to the contrary shall be null and void1. wages shall be paid at
regular intervals not exceeding one month. However, workers may, at their request, receive at the
end of fifteen days a payment on account equal to half the monthly amount of their basic
remuneration and in such case the balance due to them shall be settled at the time of the
following payment. Monthly payments shall be made not later than eight days following the end
of the month of employment in respect of which the wages are dues. Upon the termination of the
contract of employment, a final settlement of all wages and allowances shall be effected as soon
as the employment ceases. Wages shall be paid on working days only at or near the work-place.
Wages may not be paid in a public house or in a shop or store except in the case of workers who
are normally employed there. Payment of wages shall be evidenced by a document made out or
certified by the employer or his representative. It shall be unlawful for employers to restrict in
any way a worker's freedom to dispose of his wages as he thinks fit.

35
Working condition

Hygiene and safety conditions at the workplace shall be determined by orders of the Minister in
charge of labour conforming with those recommended by the international Labour Organization
and other Internationally recognized technical bodies.

It shall be forbidden to bring alcoholic beverages to the workplace and to consume them within
the establishment during working hours. Consumption of such beverages within the
establishment may be authorized only during normal break periods and exclusively within the
canteens and refectories placed at the disposal of workers by the employer.

The employer shall supply water and non-alcoholic beverages at the workplace and during
working hours.
Such beverages shall be controlled occasionally by the Labour Inspector or the Occupational
Health Doctor.
Every enterprise and establishment of any kind, public or private, lay or religious, civilian or
military, including those where persons are employed in connection with work in the professions
and those belonging to trade unions or professional associations, shall provide medical and
health services for their employees.
The medical and health service shall be under the responsibility of medical doctors who shall be
recruited preferably from among practitioners holding diplomas in industrial medicine and who
shall be assisted by qualified paramedical personnel. he employer shall arrange for the removal
to the nearest medical unit of any sick or injured person fit to be moved who cannot be treated
with the facilities at the employer's disposal.

Obligation of the employer and employee

Obligations/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 has not only has
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

36
translate into the rights of the workers which the employer has a responsibility at both statutory
and common law levels to respect.

1. Duty to Pay Wages

Sections 1(1) and 23(1) of the labour code define employment in terms of service of the worker
in return for remuneration from the employer. This implies that the wage is the employer’s
consideration for the services of the worker. Moreover section 69 of the code provides that
wages shall be payable in “legal tender” only.

Any other form of payment is unlawful and liable to render the employment “null and void”.
Therefore, employment which is paid for in kind or not paid for at all is not lawful.

It is generally encouraged to specify payments in labour contracts but where there is none,
reference shall be made to the payment in similar jobs. In any case the code specifies the
minimum wage in Cameroon as 28000frs/ month. This implies that any wage below this is
tantamount to “forced labour and debt bondage” and thus contrary to the international labour
organization convention. See convention number 131 of the ILO. Wages can also be negotiated
through collective agreements

2. Duty to Provide Work

Section 61(1) of the Labour code relates wages to “work done or to be done or services rendered
or to be rendered”. This means the employer has a duty to provide work as long as the worker is
being paid. The employer has an obligation to give the worker sufficient work to enable him earn
a wage.

With respect to how much time a worker can spend working, section 80 of the labour code
mandatorily limits the working period to 40hours/week in non-agricultural establishments thus
making it 8 hours per day. On the other hand, S 80(2) limits the working hours in non-
agricultural establishments to 2400 hours/year still calculated to be 48 hours/week at most.

3. Duty to respect rest Periods

Rest periods refers to specific intervals where worker is interrupted so that the worker may use
his time as he wishes and he must not remain at the place of work. This is one of the implied

37
terms of an employment contract which cannot be modified even by the employment contract
between the parties. [By this, is a worker obliged to work during public holidays?] Rest periods
may be weekly and yearly.

With regards to weekly rests, the traditional practice is that a worker is entitled to one day in a
seven day week (generally on Sunday). Section 88 makes this provision compulsory and not
open to modifications even with a compensatory allowance. Though it appears so strict and
inflexible, this provision can however be modified in relation to the job, e.g. jobs providing
security and health services (see S.88 (2)) and in such cases, compensatory allowance on a
Sunday or public holiday will not be a violation of the law. Yearly rests are often illustrated in
the form of leaves. Every worker (after working for defined periods) is entitled to a leave for a
specific period.

4. Duty to Provide a Safe Working Environment

Section 95(1) sets high standards for hygiene and safety in Cameroonian work places. Section 95
(2) specifically states that: “occupational health and safety conditions shall be determined by
orders of the minister of labour issued after consultation with the National Occupational Health
and Safety Commission”.

This section further provides that this hygiene and safety standards should be in conformity with
those of the ILO and other internationally recognized foreign bodies.

5. Duty to Provide Workers Certificate of Service

The employer has a duty to issue a certificate of service to a departing worker (s 44(1)). Though
not specific on the format of this certificate, the code nevertheless provides that the certificate
contain information relating to the workers date of recruitment and departure, previous positions
held with dates, etc. However, no employer should make mention of the reason for the
termination of the employment. An employer who fails to provide a worker a certificate of
service as prescribed will be held liable under section 167 (1) of the labour code, to the payment
of a fine from 100 000frs to 1000 000frs. In the case of Enongene Williams v University of
Buea, a security officer who was dismissed due to negligence in performing his duties by the

38
university was awarded general damages on grounds that he was not issued a certificate of
service.

6. The obligation to grant maternity leave to a pregnant female worker.

Every pregnant woman shall be entitled to 14 (fourteen) weeks of maternity leave starting 4
(four) weeks before the due date of confinement. Such leave may be extended by 6 (six) weeks
in case of a dully certified illness resulting either from the pregnancy or confinement.

During such leave, the employer shall not terminate the employment contract of the woman in
question.1 Where the confinement occurs before the due date, the rest period shall be extended so
that the worker receives the full 14 (fourteen) weeks of leave to which she is entitled. Where the
confinement occurs after the due date, leave taken before may be extended to the date of
confinement without such extension leading to the reduction of the postnatal leave.2

Where the employer fails to respect the provisions of maternity leave of a pregnant woman and
decides to terminate her employment contract because of her pregnancy, such a termination will
be wrongful and the employer shall be liable to pay damages to the worker.

Summary of duties

1) To provide work to the worker according to the contract of employment.

2) Observe Health & Safety Regulations at work.
3) To provide him with materials and implements necessary for the performance of the work.
4) To respect the worker’s human dignity
5) An employer shall be bound to provide housing for any worker he has transferred in order to
perform a contract of employment necessitating the installation of such worker outside his
normal place of residence.

Some obligations of the employee

1) To perform in person the work specified in his contract of employment

1
Section 84 (2) Ibid.
2
Section 84 (4) Ibid

39
2) To follow instructions given by the employer based on the terms of the contract and work
rules
3) To handle with due care and diligence all instruments and tools entrusted to him for work.
4) To report for work always in fit mental and physical conditions
5) To inform the employer immediately of any act which endangers himself or his fellow
workers or which may prejudice the interests of the undertakings
6) Not to misuse the confidential information acquired while in service.
7) To do what a reasonable employee would do in any situation.

Suspension of a Contract of Employment

According to section 32 of the Labour Code, a contract of employment shall be suspended under
the following military grounds:
1) If the establishment is closed down by reason of the departure of the employer to undertake
military service;
2) During the worker’s military service;
3) Where the worker is ill and has a medical certificate to that effect. The period of illness may
not exceed six months;
4) During the period of maternity leave of a female worker;
5) During a period of disciplinary suspension of the worker;
6) When the worker takes leaves for further studies;
7) During period of unavailability following an industrial accident or occupational disease;
8) By mutual consent of the employee and employer during the exercise of political or
administrative duties following an election or appointment;
9) During periods when the worker is under police custody or preventive detention;

10) During absence of a worker who has to follow his/her spouse who has changed his/her usual
place of residence, if such a worker cannot be transferred. This duration shall be limited to two
days;

40
11) During the period of lay-off not exceeding six months (lay-off shall mean collective
interruption of all or part of the work by the personnel of an undertaking due to accidents or
force majeure or an unfavorable economic situation).

Ways of Termination of labour contracts

They are some justified reason for the termination of contract of specified duration. Even though
section 38 of the labour code states that a contract of specified duration may not be terminated
before its expiration, it has gone a long way to give us some exceptional situation or cases where
such a contract may be terminated.

Some of which include gross misconduct and Force Majeur or act of God. For a contract of
unspecified duration to be terminated the law provides that a prior notice of at least three months
must be issued by the terminating party. Such a notice should be in writing and stating the
reasons why the contract should be terminated.

Gross misconduct. This usually arises when the workman has behaved in a way that could lead
to prejudices to the company. Late coming, theft, disrespect of employer or gross insubordination
would amount to gross misconduct.

Force Majeur (Act of God). These are happening beyond our own reasonable contemplations or
happening that are not made by man but by nature, e.g rain, fire earthquake, death, accident etc.

Professional incompetence. This is when a worker proves incompetent to do the job for which
he was recruited to do.

Redundancy. When an establishment realizes that she is undergone some economic problems,
for example when total cost cannot longer meet total revenue or supply is more than demand
some workers will be laid off or some departments closed up leading to termination of
employment.

Retirement of a worker. A contract of specified duration can come to an end if the worker has
attended retirement age which in Cameroon is between 55 to 60 years

Death of a worker. When a worker dies his contract suddenly ends. In such situations the
employer should provide a coffin and transport his corpse to his place of burial.

41
Resignation or appointment. A work man has the right to resign from his appointment provide
he respect the rules. That is notify the employer three months in advance(prior notice)

Closure of a company. When a company close down the workers of the company are made
redundant.

The conflicts of work (individual and collective disputes) (see part IX of the labour code)

Labour disputes also called labour conflict is defined as a disagreement arising from a contract of
employment between a worker and the employer or a group of workers and their employer

Types of labour disputes

Basically there are two types of labour disputes recognized by the labour code. This is individual
labour dispute as well as collective labour dispute.

Individual labour dispute. This is a disagreement arising from a contract of employment

between an employee or worker and an employer Causes of individual labour disputes

 When contract of employment is abusively terminated

 Worker do not perform his duty to the best of his ability
 Worker is not paid his allowance
 Worker is not paid his salary or wages

Collective labour dispute

This is a labour dispute between an employer and a group of workers or employees.

Causes of collective labour disputes

 When contract of employment is abusively terminated

 Workers do not perform his duty to the best of his ability
 Workers are not paid their allowance
 Workers are not paid their salary or wages

I) Settlement of individual labour disputes

42
The proceedings for the settlement of individual disputes relating to employment, both in first
instance and on appeal, shall be free of charge.

Any worker or employer shall request the competent Labour Inspector to settle the dispute out of
court.

A. The resolution of labour disputes with conciliation

The resolution of labor disputes starts with an obligatory conciliation stage and it is only when
the conciliation fails that the parties can take the case to court.

Under the Cameroonian labor code, every labor dispute must start with an obligatory conciliation
stage in front of the labor inspector. If the labor inspector is able to resolve the problem, he shall
make a “statement of conciliation” to show that the problem has been resolved. The terms of the
amicable settlement shall be stated in the “statement of conciliation”. This statement of
conciliation is verified by the president of the competent court and marked for enforcement.

In cases of partial conciliation, the statement of non-conciliation shall mention the points on
which agreement has been reached and those on which disagreement persists.

If the labor inspector is unable to solve the problem, he shall make a statement of non
conciliation. In both cases the statements shall be transmitted to the competent court. (See article
139 to 143 of the labor code).

In all cases referred to above, a copy of the statement signed by the Labour Inspector and by the
parties shall be addressed to the president of the competent court, and handed to the parties.

B. The litigation stage in front of the court

The competent court shall, in principle, be that of the place of employment.

When a labor case is been heard in court, the composition of the court is not the same like the
composition of the court when the court is hearing a case which is not a labor case. When the
dispute is a labor dispute, the case is heard in the presence of labor assessors. These assessors
exist as one assessor for the employer and one assessor for the employee. These assessor are

43
appointed by the minister of justice upon the proposal of the minister of labor for a mandate of
two years renewable.

Thus the court dealing with labour disputes shall be composed of:

• (a) a president;

• (b) an employer assessor and a worker assessor;

• (c) a registrar.

Under article 135 of the labor code, for a person to be an assessor, the person must respect the
following conditions: the person must have been exercising a professional activity for at least
three years, the person must have been exercising this activity within the jurisdiction of the court
where he has been appointed for at least three months, the person must be able to read and write
French or English.

The functions of assessor shall be a civic and social duty. They shall be performed free of charge
as per article 137 of the labor code.

The court has the power to carry out investigations and pronounce judgement on the case when it
has been seized (ie involved in the matter) .

II) Settlement of collective labour disputes

According to Section 157: (1) any dispute which is characterized by:

(a) The intervention of a group of wage-earning workers, whether or not the said workers are
organized in trade unions, and (b) The collective nature of the interests at stake shall be deemed
to be a collective labour dispute and shall therefore lie outside the jurisdiction of the courts.

The settlement of any collective labour dispute shall be subject to conciliation and arbitration
procedure as provided for in a Sections 158 and 164 of the labour code.

For it shall be deemed legitimate any strike or lock-out started after these arbitration procedures
have been exhausted and have failed.

44
A strike shall be collective or concerted refusal by all or part of the workers of an establishment
to comply with the normal labour rules, in order to bring the employer to meet their demands or
claims.

A lock-out shall be the locking of an establishment by the employer in order to bring pressure to
bear on workers on strike or threatening to go in strike.

A – Conciliation

All collective disputes must first of all be directed to the labor inspector who shall act as a
conciliator. The labor inspector has territorial competence. A party can ask that he should be
represented in front of the labor inspector.

At the end of the attempt at conciliation the Inspector of Labour shall made a report stating either
the agreement or partial or the total disagreement of the parties. The labour inspector shall sign
the statement and each of the parties shall receive a copy thereof.

If the labor inspector is unable to resolve the problem, then he has 8 days to submit the dispute to
arbitration. (See section 158 -160 of the labor code.)

B-Arbitration:

The competent organ to act as an arbitrator is the arbitration board which is placed within each
Appeal Court.

The board is made up of a president who is a magistrate of the Appeal Court and two assessors
of which one of the assessors is for the employer and the other assessor is for the employee. A
registrar of the court of appeal shall act are secretary.

The decision of the arbitration board is limited on the points on which there was nonconciliation
as stipulated on the statement of no-conciliation except there are new elements. The arbitration
board can take a decision relating to the interpretation of law, execution of law, salary of
workers, the working conditions of workers, and on issues dealing with the change of a clause in
the employment contract. The decision of the arbitration board called the arbitral award is made
known to the parties.

45
Conciliation agreements and arbitration awards shall be immediately posted up in the office of
the inspectorate of labour and published in the Official Gazette (official newspaper).The minutes
of agreements and of awards shall be deposited at the registry of the high court of the place of
the dispute

The conciliation and arbitration procedures are made free of charge.

Article 165 of the labor code has spelt out the sanctions which can be given when strike is
declared without following the right procedure and when the enterprise is closed without
following the right procedure as follows:

a- For the employer:

 he pay the employees their salary for the days that they did not work,
 may be declared ineligibility for a period of two years to be a member of a public local
collectivity or a member of a public establishment. and
 prohibited from participating in any way any supplies contract involving the state or a local
council

b- For the worker-

 the employment contract shall be terminated based on gross misconduct, and

 can be ask to pay a fine of from 20,000 to 100,000 CFA francs.. See articles 161 165 of the
labor code.

Trade unions

The law recognizes the right of workers and employers, without distinction whatsoever, to set up
freely and without prior authorization (trade unions or employers' associations), associations for
the study, defence, promotion and protection of their interests, particularly those of an economic,
industrial, commercial or agricultural nature, and for the social, economic, cultural and moral
advancement of their members.

46
All activity by such unions and associations which is not connected with the furtherance of the
above objectives shall be prohibited.

Every worker and employer shall have the right to join a trade union or employers' association of
his own choice in his occupation or kind of business.

A trade union or employer's association shall not have legal existence until the day on which a
certificate of registration has been issued to it by the registrar of trade unions and employers'
associations. The registrar of trade unions and employers' association shall be a civil servant
appointed by decree.

Any person forming a trade union or employers' association that has not yet been registered and
who acts as if the said union or association has been registered shall be liable to prosecution.

Registration of a trade union or employers' association

Registration of a trade union or employers' association shall be effected as follows:

• (a) an application to register the union or association and its rules shall be sent to the registrar
of trade unions or employers' association ; the application shall be accompanied by two copies of
the rules and a list of the names of the officers of the union or association and of their titles as
such ;

• (b) the registrar shall acknowledge receipt of the application, examine it and register the trade
union or association and its rules within a period of one month. After that deadline, the trade
union or association shall be considered as having been registered.

(c) The registrar shall not register any trade union or employers' association under a name
identical to that under which any existing union or employers' association has been registered as
may lead members of the unions or association or third parties into error.

Work accidents and occupational diseases (assignment see the labour code)

The safety and hygiene in the workplace (part VI of the labour code)

A) Safety at the workplace

47
Hygiene and safety conditions at the workplace shall be determined by orders of the Minister in
charge of labour.

It shall be forbidden to bring alcoholic beverages to the workplace and to consume them within
the establishment during working hours.

Consumption of such beverages within the establishment may be authorized only during normal
break periods and exclusively within the canteens and recfectories placed at the disposal of
workers by the employer.

The employer shall supply water and non-alcoholic beverages at the workplace and during
working hours.

Such beverages shall be controlled occasionally by the Labour Inspector or the Occupational
Health Doctor.

B) Health services at the work place

Every enterprise and establishment of any kind, public or private, lay or religious, civilian or
military, including those where persons are employed in connection with work in the professions
and those belonging to trade unions or professional associations, shall provide medical and
health services for their employees.

The functions of such services shall be to supervise conditions in respect of hygiene in the
establishment, the risks of contagion and the state of health of the workers, and of their spouses
and children if housed by the employer as well as to take the appropriate preventive measures
and provide the necessary medical care

The medical and health service shall be under the responsibility of medical doctors who shall be
recruited preferably from among practitioners holding diplomas in industrial medicine

Workers shall also be subject to medical supervision throughout their career. The employer shall
arrange for the removal to the nearest medical unit of any sick or injured person fit to be moved
who cannot be treated with the facilities at the employer's disposal. Where the sick or injured
persons are not fit be moved, the administrative authority notified by the employer shall arrange
for medical care to be provided on the spot.

48