Namibia Case Law

Auas Valley Residents Association v Minister of Environment and Tourism (SA 26 of 2020)

Auas Valley Residents Association v Minister of Environment and Tourism (SA 26 of 2020) [2022] NASC 24 (13 July 2022)

Court

Supreme Court

Case number

SA 26 of 2020

The Supreme Court held that an environmental clearance certificate for a development contrary to the Aris Town Planning Scheme was void ab initio.

• Environmental clearance certificates
• Town planning schemes
• Ultra vires administrative action
• Legality of land use decisions
• Judicial review of administrative action
• Environmental-clearance-certificates

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Council for the Municipality of Windhoek v Paratus Telecommunications (Pty) Ltd (SA 27 of 2020)

Council for the Municipality of Windhoek v Paratus Telecommunications (Pty) Ltd (SA 27 of 2020) [2022] NASC 23 (13 July 2022)

Court

Supreme Court

Case number

SA 27 of 2020

The High Court retained jurisdiction to grant a final interdict because the dispute concerned the existence of Paratus’ statutory rights, not merely their exercise, and CRAN’s jurisdiction under s 69 of the Act did not extend to urgent interdicts or disputes about the existence of rights. The municipality’s resort to self-help was unlawful, and all requisites for a final interdict were established.

Source excerpt

• Jurisdiction of high court
• Final interdicts
• Statutory interpretation
• Self-help and abuse of power
• Carrier rights under communications act

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Amukena v Nampower (HC-MD-LAB-MOT-REV 92 of 2021)

Amukena v Nampower (HC-MD-LAB-MOT-REV 92 of 2021) [2022] NALCMD 39 (11 July 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-REV 92 of 2021

Interlocutory ruling in a labour review application: cellphone transcription formed part of the record, late filing was condoned, and relief against a non-party was refused.

• Admissibility of evidence
• Condonation of late filing
• Internal disciplinary proceedings
• Labour-law
• Evidence-law
• Condonation

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Van Wyk v S (HC-MD-CRI-APP-CAL 98 of 2022)

Van Wyk v S (HC-MD-CRI-APP-CAL 98 of 2022) [2022] NAHCMD 341 (8 July 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 98 of 2022

The High Court refused condonation and struck a sentence-only appeal from the roll, holding that a 24-month theft sentence was not shockingly inappropriate.

• Theft
• Sentencing
• Appeal
• Condonation
• Criminal-appeal
• Criminal-procedure

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Salambala Conservancy v Mukata and Others (HC-MD-CIV-ACT-OTH- 3033 of 2019)

Salambala Conservancy v Mukata and Others (HC-MD-CIV-ACT-OTH- 3033 of 2019) [2022] NAHCMD 340 (8 July 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 3033 of 2019

The High Court held that Salambala Conservancy had locus standi to seek eviction and dismissed special pleas of lack of standing and non-joinder with costs.

• Locus standi
• Non-joinder
• Eviction
• Communal land rights
• Locus-standi
• Communal-land-rights

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Ntemwa v National Commission On Research, Science and Technology (HC-MD-CIV-MOT-GEN 290 of 2022)

Ntemwa v National Commission On Research, Science and Technology (HC-MD-CIV-MOT-GEN 290 of 2022) [2022] NAHCMD 363 (8 July 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 290 of 2022

The application is struck from the roll with costs for lack of urgency because the applicant failed to comply with Rule 73 requirements, did not include a prayer for urgency, did not use the correct form, and did not set out facts supporting urgency in the founding affidavit.

Source excerpt

• Urgent applications
• Interlocutory relief
• Affidavit requirements

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S v Amupolo (HC-NLD-CRI-APP-SNA 3 of 2022)

S v Amupolo (HC-NLD-CRI-APP-SNA 3 of 2022) [2022] NAHCNLD 70 (8 July 2022)

Court

Northern Local Division

Case number

HC-NLD-CRI-APP-SNA 3 of 2022

The High Court set aside a section 174 discharge in a criminal appeal, holding that the State had made out a prima facie case on crimen injuria and assault.

• Section 174 discharge
• Crimen injuria
• Assault on police officer
• Self-defence
• Credibility of witnesses
• Section-174-discharge

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Namibia Media Holdings (Pty) Ltd v Lombard and Another (SA 23 of 2020)

Namibia Media Holdings (Pty) Ltd v Lombard and Another (SA 23 of 2020) [2022] NASC 21 (8 July 2022)

Court

Supreme Court

Case number

SA 23 of 2020

The appellants satisfied the standard of reasonable or responsible reporting by accurately reporting statements made by the Minister and Permanent Secretary at a public press conference on a matter of public interest. There was no requirement to independently verify the correctness of official statements or to rigidly apply journalistic guidelines. The High Court misdirected itself in its approach to both the reasonable publication defence and the refusal to allow additional witnesses. The defamation action should have been dismissed.

Source excerpt

• Reasonable publication defence
• Freedom of expression
• Right to reputation
• Judicial case management
• Procedural fairness

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Walvis Bay Power Plant (Pty) Ltd v Namibia Power Corporation (Pty) Ltd (HC-MD-CIV-ACT-CON- 3490 of 2019)

Walvis Bay Power Plant (Pty) Ltd v Namibia Power Corporation (Pty) Ltd (HC-MD-CIV-ACT-CON- 3490 of 2019) [2022] NAHCMD 336 (7 July 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 3490 of 2019

The High Court granted leave to appeal after finding a reasonable possibility the Supreme Court could reach a different view on an exception upheld against amended particulars of claim.

• Leave to appeal
• Exception to particulars of claim
• Causes of action
• Tender process
• Administrative remedies
• Leave-to-appeal

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CBI Exchange Namibia (Proprietary) Limited v Bank of Namibia and Others (HC-MD-CIV-MOT-GEN 239 of 2022)

CBI Exchange Namibia (Proprietary) Limited v Bank of Namibia and Others (HC-MD-CIV-MOT-GEN 239 of 2022) [2022] NAHCMD 339 (7 July 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 239 of 2022

The High Court enforced an earlier order requiring release of funds from a frozen bank account for necessary day-to-day business expenses and granted urgent relief.

• Compliance with court orders
• Interpretation of judgments
• Urgent applications
• Bank account freezes
• Mandamus
• Urgent-applications

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