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Namibia decisions
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S v Pieters (CR 76 of 2022) [2022] NAHCMD 390 (5 August 2022)
On automatic review, the High Court confirmed the conviction but amended the suspended sentence to correct a typographical omission in the condition.
Thambapilai and Others v S (CC 36 of 2008) [2022] NAHCMD 388 (4 August 2022)
The applicants failed to demonstrate reasonable prospects of success on appeal. The sentencing court considered personal circumstances and applied relevant legal principles. The sentences imposed were within judicial discretion and not so severe as to warrant interference.
Source excerpt
Fisheries Observer Agency v Evenson and Others (HC-MD-LAB-MOT-GEN 136 of 2021) [2022] NALCMD 44 (4 August 2022)
The High Court held that a Labour Court order was clear and unambiguous, rejecting a request for declaratory relief limiting the employer’s payment obligation.
Nyambe v Mushabati (HC-MD-CIV-ACT-DEL- 4399 of 2021) [2022] NAHCMD 389 (4 August 2022)
The High Court of Namibia held that statements made about a legal practitioner were defamatory and awarded N$70,000 on each of two claims, with costs.
High Power Holdings Investment (Pty) Ltd v Imprint Investment (Pty) Ltd (HC-MD-CIV-ACT-OTH- 3944 of 2021) [2022] NAHCMD 387 (3 August 2022)
The High Court dismissed an application to amend pleadings, finding the proposed amendment introduced a new cause of action not arising from the same facts.
S v Esau (CR 70 of 2022) [2022] NAHCMD 386 (2 August 2022)
The High Court set aside a section 174 discharge because the prosecutor lacked Prosecutor General consent to stop the prosecution, and remitted the case for trial.
Nghipulenga v S (CC 12 of 2020) [2022] NAHCNLD 76 (2 August 2022)
The court found that the applicant's personal circumstances, including remorse and contrition, were considered at sentencing, and the seriousness of the offence outweighed these factors. The grounds of appeal did not comply with statutory requirements and there were no prospects of success on appeal.
Source excerpt
S v John (CR 35 of 2022) [2022] NAHCNLD 75 (2 August 2022)
The High Court on review set aside two convictions and sentences after finding defective guilty-plea questioning and a confusingly framed customs charge.
S v Van Rooi (CR 67 of 2022) [2022] NAHCMD 382 (29 July 2022)
The High Court set aside a guilty plea conviction and sentence for excessive blood-alcohol driving and remitted the matter for proper s 112 questioning.
Hengari v Namibia Wildlife Resorts and Others (HC-MD-CIV-ACT-DEL- 1069 of 2020) [2022] NAHCMD 381 (29 July 2022)
The High Court dismissed absolution on the defamation claim but granted it for the public repudiation and interdict prayers.
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