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Namibia decisions
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S v Setson (CR 31 of 2022) [2022] NAHCNLD 69 (6 July 2022)
The sentence was defective as it did not require conviction for the suspended sentence to be activated; it was amended to include this requirement.
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Harases v Erongo Regional Electricity Distributors Company (Pty) Ltd (HC-MD-LAB-MOT-GEN 221 of 2020) [2022] NALCMD 38 (6 July 2022)
The High Court struck an application for leave to appeal from the roll because it was not accompanied by the required statement of grounds under Rule 115.
The Government of the Republic of Namibia v Uupindi (HC-MD-CIV-ACT-DEL- 4068 of 2018) [2022] NAHCMD 335 (6 July 2022)
The plaintiff failed to provide adequate explanation for repeated non-compliance with court orders and rules, relied on hearsay evidence in the founding affidavit, and did not establish good cause or prospects of success for the application. The court found no justification to grant the indulgence sought.
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S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 334 (5 July 2022)
Sentencing for rape and abduction of a five-year-old child. The High Court imposed 20 years for rape and 7 years for abduction, with 3 years concurrent.
Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)
High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.
S v Silungwe (CR 27 of 2022) [2022] NAHCNLD 68 (4 July 2022)
The conviction and sentence were set aside due to gross procedural irregularity; the accused was not properly informed of his rights regarding admissions, and the record did not reflect voluntary change of plea or proper warnings.
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Matroos v Boois and Others (HC-MD-CIV-MOT-GEN 16 of 2022) [2022] NAHCMD 329 (1 July 2022)
The High Court stayed execution of an earlier order pending rescission proceedings, finding urgency, arguable lack of service, and a case for temporary interdict relief.
S v Patrick (CR 58 of 2022) [2022] NAHCMD 342 (1 July 2022)
High Court review setting aside an attempted murder conviction and substituting assault with intent to do grievous bodily harm, with remittal for fresh sentencing.
TiAuto Wholesalers (Pty) Ltd v Van Rensburg Holdings CC (HC-MD-CIV-MOT-GEN 135 of 2021) [2022] NAHCMD 328 (1 July 2022)
Applicant failed to strictly comply with section 69(1)(a) of the Close Corporations Act regarding service of demand at the registered office, and failed to establish respondent's indebtedness due to a compromise with the holding company. No prima facie case for provisional winding-up was made out.
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Mwashindange v Minister of Safety and Security (HC-NLD-CIV-ACT-DEL 57 of 2021) [2022] NAHCNLD 67 (27 June 2022)
High Court ruling on prescription in claims for unlawful arrest and malicious prosecution. The malicious prosecution claim was held not prescribed; the unlawful arrest claim was prescribed.
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