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Namibia decisions
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S v Maasdorp (CC 5 of 2021) [2022] NAHCMD 473 (9 September 2022)
The High Court dismissed a section 174 discharge application in a murder and justice-obstruction matter, finding the State led evidence that could support conviction.
Shivute v President of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 288 of 2021) [2022] NAHCMD 464 (8 September 2022)
The applicant was denied legal representation at his disciplinary hearing in breach of reg 11(13) of the NCIS Regulations, resulting in procedural unfairness. The disciplinary proceedings were not substantively fair as the charges were withdrawn and there was no proven dishonesty. The applicant's dismissal was therefore unfair and unlawful, warranting reinstatement.
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S v Kuzatjike (CR 41 of 2022) [2022] NAHCNLD 86 (8 September 2022)
The magistrate failed to establish through questioning that the accused's faculties or driving skills were impaired by alcohol, thus not all elements of the offence were admitted or proven. The conviction and sentence on count 1 must be set aside.
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S v Bashala (CC 30 of 2018) [2022] NAHCMD 465 (8 September 2022)
Sentencing judgment for smuggling of immigrants. The court held that the seriousness of the offences and the victims’ vulnerability outweighed mitigation, and imposed custodial sentences.
S v Keukeni (CR 40 of 2022) [2022] NAHCNLD 85 (8 September 2022)
On automatic review, the High Court set aside a magistrates’ court conviction and sentence for common assault, citing procedural irregularity and weak proof.
Minister of Education, Arts and Culture v Review Panel and Others (HC-MD-CIV-MOT-GEN 364 of 2022) [2022] NAHCMD 466 (8 September 2022)
The High Court granted urgent interim relief staying the Review Panel’s procurement decision pending review, finding urgency and the interdict requirements met.
S v Takatadza (CR 37 of 2022) [2022] NAHCNLD 84 (7 September 2022)
On automatic review, the High Court set aside a conviction and sentence where the record showed no recorded plea or verdict and the charge was unclear.
S v Gawusab (CR 39 of 2022) [2022] NAHCNLD 83 (7 September 2022)
On automatic review, the High Court set aside a guilty plea conviction because the accused’s answers raised a possible defence and the magistrate should have entered a not guilty plea.
S v Tjikumisa (CR 38 of 2022) [2022] NAHCNLD 82 (7 September 2022)
The High Court set aside a guilty plea conviction for robbery because the magistrate’s questioning did not establish all elements of the offence under section 112(1)(b).
S v Tjambiru (CR 36 of 2022) [2022] NAHCNLD 81 (6 September 2022)
The failure to record the reason for the unavailability of the initial magistrate did not prejudice the accused and does not vitiate the proceedings; however, the magistrate must comply with section 51 of the Road Traffic and Transport Act 22 of 1999 regarding disqualification from obtaining a driving licence.
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