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Namibia decisions
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De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022) [2022] NAHCMD 456 (2 September 2022)
On appeal in a stock-theft case, the High Court set aside the conviction, substituted a conviction under s 3 of the Stock Theft Act, and reduced the sentence.
President of the Republic of Namibia and Others v Namibia Employers Federation and Another (SA 53 of 2020) [2022] NASC 28 (2 September 2022)
Regulation 19 and related suspension provisions were unconstitutional as they were unreasonable and irrational, disproportionately burdening employers without sufficient justification, and bore no direct relationship to controlling the pandemic. The challenge to the delegation of directive-making power to ministers was premature, as no actual delegation had occurred, and such delegation could be permissible with appropriate safeguards.
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S v Katale (CC 5 of 2021) [2022] NAHCNLD 80 (2 September 2022)
The court imposed sentences of 5 years for arson and 23 years for murder (read with the Combating of Domestic Violence Act), with 3 years of the arson sentence to run concurrently with the murder sentence, balancing the seriousness of the offences, the aggravating context of domestic violence, the accused's lack of remorse, and his personal circumstances, while ensuring the sentence is not excessively harsh or inhumane.
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Petrus v S (HC-MD-CRI-APP-CAL 82 of 2021) [2022] NAHCMD 455 (2 September 2022)
The High Court struck a criminal appeal from the roll after finding the notice of appeal was late, defective, and not cured by condonation or amendment.
Matsi v Roads Contractor Company (Pty) Ltd (HC-MD-LAB-APP-AAA 12 of 2022) [2022] NALCMD 49 (2 September 2022)
The Labour Court dismissed an appeal over prescription, holding the dispute arose on 1 February 2017 and was lodged out of time under section 86(2)(b).
S v Gebhard (CR 92 of 2022) [2022] NAHCMD 453 (1 September 2022)
The High Court set aside a district court conviction on a competent verdict and substituted a conviction for motor vehicle theft after finding reckless abandonment.
ADIDAS (South Africa)(Pty) Ltd v Jacobs (HC-MD-CIV-ACT-CON- 2339 of 2019) [2022] NAHCMD 451 (1 September 2022)
The defendant failed to adduce evidence to support the special plea of lack of jurisdiction, and the court retains jurisdiction despite the foreign jurisdiction clause. In the absence of supporting facts, the special plea is dismissed.
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S v Stuurman (CC 3 of 2021) [2022] NAHCMD 454 (1 September 2022)
The gravity and brutality of the murder of a defenceless infant by his biological mother, combined with the need to protect society and deter similar crimes, outweigh the mitigating factors, making a lengthy custodial sentence inescapable.
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S v Petrus (CR 91 of 2022) [2022] NAHCMD 452 (1 September 2022)
On automatic review, the High Court confirmed convictions for negligent driving and failure to ascertain damages but reduced the alternative imprisonment terms as disproportionate.
Goliath v Langer Heinrich Uranium (Pty) Ltd (HC-MD-LAB-MOT-REV 7 of 2022) [2022] NALCMD 48 (31 August 2022)
The Labour Court struck a review application from the roll for being filed outside the 30-day period under s 89(4) of the Labour Act 11 of 2007.
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