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Namibia decisions
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S v Steenkamp and Others (113 of 2022) [2022] NAHCMD 575 (21 October 2022)
The conviction and sentence were proper, but the sentence formulation was vague and required amendment for clarity and legal certainty.
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Nafuka v S (HC-MD-CRI-APP-CAL 46 of 2022) [2022] NAHCMD 578 (21 October 2022)
The High Court refused condonation for an out-of-time criminal appeal, finding no reasonable explanation for the delay and no prospects of success.
Amatwi v S (HC-MD-CRI-APP-CAL 46 of 2020) [2022] NAHCMD 577 (21 October 2022)
The High Court refused condonation for a late criminal appeal because the appellant failed to show reasonable prospects of success on sentence.
National Fishing Corporation (Pty) Ltd v African Selection Fishing (Namibia) (Pty) Ltd & Others (HC-MD-CIV-ACT-OTH- 1143 of 2021) [2022] NAHCMD 580 (21 October 2022)
Applicant failed to establish interests of justice or good reason for non-attendance; Mr de Klerk is a fugitive from justice; technical and administrative details for video link were not provided; allowing evidence via video link would aid flight from justice and prejudice court's ability to enforce its orders.
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S v Boois (CC 3 of 2022) [2022] NAHCMD 568 (20 October 2022)
The High Court of Namibia sentenced a youthful first offender to 28 years for murder committed in a domestic setting, giving weight to remorse and aggravation.
Kangumu v Hamukwaya (HC-MD-LAB-APP-AAA 34 of 2021) [2022] NALCMD 60 (20 October 2022)
The arbitrator did not err in finding the first contract salary was pro-rated due to the appellant's start date, the second contract was for 11 months and terminated by effluxion of time, no notice or severance was due, and leave pay was correctly calculated. The appeal had no merit and was dismissed.
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Gotz v Inspector General of the Namibian Police (HC-MD-CIV-ACT-OTH- 1642 of 2021) [2022] NAHCMD 572 (20 October 2022)
The High Court of Namibia held that the plaintiff proved malicious prosecution after police officers initiated charges arising from a vehicle collision without reasonable grounds.
Awene v Business & Intellectual Property Authority (HC-MD-LAB-APP-AAA 25 of 2022) [2022] NALCMD 61 (20 October 2022)
The Labour Court set aside an arbitration award that found an employee waived rights by not attending disciplinary proceedings, and ordered a de novo hearing.
S v Kanseb (CR 59 of 2022) [2022] NAHCNLD 115 (19 October 2022)
On automatic review, the High Court set aside a magistrate’s conviction for common-law escaping from lawful custody because it was not a competent verdict to the statutory charge.
Shimbulu v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 854 of 2022) [2022] NAHCMD 561 (18 October 2022)
The High Court refused leave to amend particulars of claim, holding the proposed amendment disclosed no cause of action and would prejudice the defendants.
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