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Namibia decisions
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Nedbank Namibia Limited v Emvula (HC-MD-CIV-MOT-GEN 399 of 2021) [2022] NAHCMD 591 (28 October 2022)
The High Court dismissed Nedbank’s application to authorize repossession and sale of a Maserati, holding the bank had elected damages, not rei vindicatio.
Pharmaceutical Society of Namibia v Pharmacy Council of Namibia (HC-MD-CIV-MOT-REV 507 of 2020) [2022] NAHCMD 588 (27 October 2022)
High Court of Namibia refused leave to amend review grounds, finding an unreasonable delay and no condonation application or full explanation for the delay.
Angolo v Rosh Pinah Zinc Corporation (Pty) Ltd (HC-MD-LAB-APP-AAA 59 of 2021) [2022] NALCMD 65 (26 October 2022)
Labour appeal dismissed after the court upheld a finding that the employee breached his fiduciary duty by sending false information about his employer to a third party.
Nirwana Trading Enterprises CC v Murorua (HC-MD-CIV-ACT-OTH- 1067 of 2022) [2022] NAHCMD 584 (24 October 2022)
The oral settlement agreement reached during mediation is binding and enforceable as consensus was reached and there was no precondition that the agreement be reduced to writing or signed. The defendants' constitutional rights are not violated by enforcement, as they have not substantiated any such violation. The Formalities of Sale of Land Act does not apply because the agreement is not a contract of sale of land but compels nominee owners to effect transfer to beneficial owners.
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S v Amunyela (115 of 2022) [2022] NAHCMD 576 (21 October 2022)
The conviction and sentence cannot stand because the magistrate failed to specify whether the accused was convicted of reckless or negligent driving and improperly applied section 112(1)(a) to a serious offence.
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Lady Pohamba Private Hospital Operations (Pty) Ltd v Municipal Council of the Municipality of Windhoek (HC-MD-CIV-MOT-REV 586 of 2020) [2022] NAHCMD 579 (21 October 2022)
The High Court set aside Windhoek’s refusal to approve an on-site medical waste system, finding the municipality unlawfully fettered its discretion and acted irrationally.
Gibeon Village Council v Development Bank of Namibia (SA 40 of 2020) [2022] NASC 32 (21 October 2022)
Rule 103(1)(a) applies to default judgments, but the appellant failed to establish that the judgment was erroneously sought or granted, as the evidence of payments due was not disputed and the appellant breached the cession agreement. The granting of default judgment in chambers did not violate Art 12 or s 13, as the appellant's rights were not engaged when it failed to participate, and the rescission application was heard in open court.
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Agricultural Bank of Namibia v Labour Commissioner (HC-MD-LAB-MOT-REV 298 of 2021) [2022] NALCMD 62 (21 October 2022)
The Labour Court set aside an arbitrator’s refusal to allow legal representation, holding that the arbitrator failed to apply the section 86(13) test.
China Henan International Cooperation Group (Pty) Ltd v Tjipepa (46 of 2022) [2022] NAHCMD 63 (21 October 2022)
The compliance order was set aside because the labour inspector misinterpreted section 16(1)(a) of the Labour Act and the collective agreement. The employees did not exceed the statutory maximum working hours, and the dispute should have been resolved through the collective agreement's dispute resolution mechanism, not by a compliance order. The inspector lacked jurisdiction over disputes regulated by the collective agreement.
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S v Conrad & Another (114 of 2022) [2022] NAHCMD 574 (21 October 2022)
On judicial review, the High Court confirmed accused 1’s conviction but set aside accused 2’s conviction and sentence because he was convicted on a withdrawn charge.
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