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Namibia decisions
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S v Rachael; S v Rumbidzai; S v Ndimanguluke (CR 51 of 2022) [2022] NAHCNLD 100 (29 September 2022)
Automatic review of three criminal matters confirmed the convictions but amended defective suspended sentences to make the conditions clear and lawful.
Nedbank Namibia Limited v Mouton (HC-MD-LAB-APP-AAA 4 of 2022) [2022] NALCMD 54 (29 September 2022)
The Labour Court reduced a compensation award for unfair dismissal from N$313,500 to N$52,250, holding that labour compensation is not civil damages.
S v Hausiku (CC 29 of 2019) [2022] NAHCMD 508 (28 September 2022)
Sentencing decision for murder, rape, robbery, kidnapping, and traffic offences. The court imposed cumulative prison terms and departed from the rape minimum sentence.
S v Naikutu (CR 49 of 2022) [2022] NAHCNLD 98 (27 September 2022)
High Court review confirming a stock-theft conviction and 24-month sentence, while criticizing the magistrate’s unsupported remarks and use of foreign authority.
Larandja v Council for the Municipality of Windhoek (HC-MD-CIV-MOT-GEN 386 of 2022) [2022] NAHCMD 507 (27 September 2022)
Urgent application to stop a municipal council meeting failed. The High Court found urgency but held the applicants did not prove irreparable harm or a proper basis for interim interdictory relief.
S v Shanyenga (CR 50 of 2022) [2022] NAHCNLD 99 (27 September 2022)
On automatic review, the High Court set aside convictions for reckless driving and failure to obey an officer, finding reasonable doubt and noting the burden had been wrongly shifted.
Hasse v Marigold Hotel Developer (Pty) Ltd (HC-MD-CIV-MOT-GEN 314 of 2021) [2022] NAHCMD 506 (27 September 2022)
The court held that granting the declaratory relief and leave to execute would render the pending Supreme Court appeal academic and would amount to an abuse of process. The application was a disguised attempt to execute while an appeal was pending, and the court exercised its discretion to refuse the relief sought.
Source excerpt
S v Kashikukumwa (CR 48 of 2022) [2022] NAHCNLD 97 (27 September 2022)
On review, the High Court confirmed a theft conviction but amended the sentence after finding the suspension condition and compensation order were incompetent.
S v Ngejama (CR 47 of 2022) [2022] NAHCNLD 96 (26 September 2022)
High Court review setting aside criminal convictions after finding a duplication of convictions and defects in plea questioning under the CPA.
S v Ngombe (CR 46 of 2022) [2022] NAHCNLD 95 (26 September 2022)
On automatic review, the High Court confirmed the conviction and sentence for driving with excessive blood alcohol, but remitted the matter for section 51(3) compliance.
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