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Namibia decisions
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S v Amunyera (CR 110 of 2022) [2022] NAHCMD 559 (17 October 2022)
On automatic review, the High Court confirmed the conviction but reduced the default imprisonment term, holding that 10 months was too severe under s 112(1)(a) of the CPA.
S v Johannes (HC-NLD-CRI-APP-CAL 11 of 2021) [2022] NAHCNLD 114 (17 October 2022)
The High Court refused condonation for a late criminal appeal against sentence, finding the delay unexplained and the proposed appeal to have no prospects.
S v Imbili (CR 111 of 2022) [2022] NAHCMD 560 (17 October 2022)
The alternative term of imprisonment was disproportionate to the fine imposed, constituting a misdirection by the trial court, warranting adjustment of the sentence.
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S v Ngueezeta (CR 56 of 2022) [2022] NAHCNLD 113 (17 October 2022)
Automatic review of a stock-theft conviction. The High Court confirmed both convictions, confirmed accused 2’s sentence, but set aside accused 1’s sentence and remitted the matter for resentencing.
Olivetti Car Rentals CC v Khomas Regional Council (HC-MD-CIV-ACT-CON- 724 of 2020) [2022] NAHCMD 558 (14 October 2022)
The High Court held that the plaintiff failed to deliver vehicles timeously under a lease contract, dismissed the damages claim, and upheld liquidated damages for non-performance.
David v Minister of Safety and Security (HC-MD-CIV-ACT-DEL- 5047 of 2019) [2022] NAHCMD 556 (14 October 2022)
The arresting officer had reasonable suspicion based on the plaintiffs' conduct, unexplained possession of a television, presence of housebreaking implements, and matching shoe prints. The arrest and detention were lawful under Section 40(1) and Section 50 of the Criminal Procedure Act. The plaintiffs failed to prove their case on a balance of probabilities. The prosecution was not malicious as it flowed from a lawful arrest and detention.
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Hangula v Shirunda (HC-MD-CIV-ACT-OTH 4553 of 2020) [2022] NAHCMD 553 (14 October 2022)
The High Court dismissed a claim for acquisitive prescription over Erf 6949, finding the plaintiff’s occupation was by lease or agreement, not as owner.
S v Napadje (CR 58 of 2022) [2022] NAHCNLD 112 (14 October 2022)
On automatic review, the court substituted a conviction for housebreaking with intent to steal after the accused admitted he intended to steal a TV.
Geokey Consult CC v Imprint Investments (Pty) Ltd (HC-MD-CIV-ACT-CON- 3322 of 2021) [2022] NAHCMD 554 (14 October 2022)
High Court ruling dismissing a company’s application for security for costs, while awarding ordinary wasted costs for non-compliance with a prior court order.
Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021) [2022] NAHCMD 510 (14 October 2022)
By majority, the court held that although the words 'in the interest of the public or the administration of justice' in s 61 are not easy to interpret, Namibian jurisprudence has provided sufficient guidelines for their application. The limitation imposed by s 61 is reasonable and justifiable in the circumstances, given the legislative objective to address serious crime. The discretion conferred on the court is not unfettered and is subject to judicial oversight and appeal. Therefore, s 61 is not unconstitutional for vagueness, and the application is dismissed. The dissent found the provision…
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