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Namibia decisions
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Winckler v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 3324 of 2018) [2022] NAHCMD 408 (12 August 2022)
The High Court refused a stay of proceedings pending a review of the Master’s decision to admit a claim in an insolvent estate, finding no exceptional circumstances.
Festus v Minister of Health and Social Services (HC-MD-CIV-ACT-DEL- 77 of 2021) [2022] NAHCMD 406 (12 August 2022)
The period of suspension of prescription under the Covid-19 regulations includes both the initial and amended lockdown periods, totaling 38 days. Therefore, the plaintiff's claim was not prescribed when the summons was issued and served.
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Nanjemba v Nanjemba (HC-MD-CIV-ACT-MAT 3603 of 2017) [2022] NAHCMD 407 (12 August 2022)
The High Court found the spouses were joint owners of the house, rejected rectification of the deed, terminated co-ownership, and ordered sale and equal division.
Namibia Airports Company Limited v Menzies Aviation Namibia (Pty) Ltd and Another (HC-MD-CIV-MOT-GEN 233 of 2022) [2022] NAHCMD 403 (11 August 2022)
The High Court granted urgent relief confirming the airport ground-handling agreement ended on 30 June 2022 and struck Menzies’ counter-application from the roll.
S v Stuurman (CC 3 of 2021) [2022] NAHCMD 419 (11 August 2022)
The court found that the accused's version was inconsistent with the objective medical findings and credible witness testimony. The magnitude and nature of the baby's injuries could not be explained by an accidental fall, and the accused's repeated threats and admissions established direct intent. Circumstantial evidence, considered in totality, excluded any reasonable inference other than guilt.
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S v Oeamseb (CR 84 of 2022) [2022] NAHCMD 400 (10 August 2022)
On automatic review, the High Court confirmed two convictions, set aside a conviction for assault by threat, and remitted the matter for proper plea questioning and resentencing.
S v Van Neel (CR 66 of 2022) [2022] NAHCMD 391 (10 August 2022)
The High Court set aside a section 174 acquittal because the prosecutor had not obtained the Prosecutor General’s consent to stop the prosecution.
S v Rooi (CR 83 of 2022) [2022] NAHCMD 399 (10 August 2022)
The High Court set aside convictions for assault, assault by threat, and animal ill-treatment after finding the guilty-plea questioning did not establish all elements.
S v Titus (CR 64 of 2022) [2022] NAHCMD 398 (10 August 2022)
On review, the High Court set aside a magistrate’s unclear suspended sentence and replaced it with a properly formulated suspension condition tied to the cannabis conviction.
Minister of Finance and Others v Kruger and Another (SA 55 of 2020) [2022] NASC 26 (5 August 2022)
The Supreme Court held that section 83(1)(b) of the Income Tax Act 24 of 1981 is not unconstitutional as its validity was already authoritatively determined in Hindjou v Government of the Republic of Namibia; the section is a mechanism for collecting undisputed tax and does not usurp judicial power or violate Articles 12 or 78 of the Constitution. The High Court was bound by this precedent and erred in finding otherwise.
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