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Namibia decisions
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S v Immanuel (CR 29 of 2022) [2022] NAHCNLD 64 (27 June 2022)
On automatic review, the High Court confirmed a conviction and two-year sentence for stock theft, holding that the proceedings were regular and the sentence reasonable.
S v Dudzai (CR 30 of 2022) [2022] NAHCNLD 65 (27 June 2022)
On automatic review, the High Court confirmed the conviction for overstaying a visitor’s permit but reduced the fine as disproportionate.
Cloete v S (HC-MD-CRI-APP-CAL 6 of 2022) [2022] NAHCMD 318 (27 June 2022)
The appellant's conviction was upheld because the search was lawful under section 22 of the Criminal Procedure Act due to owner consent and exigent circumstances, and the appellant's failure to cross-examine on material facts undermined his defence. The evidence established that the appellant obstructed the police in execution of their duties.
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S v Hainana (HC-NLD-CRI-APP-SNA 2 of 2022) [2022] NAHCNLD 66 (24 June 2022)
Criminal appeal on condonation, postponement, and a section 174 discharge. The High Court upheld the appeal and remitted the matter for trial.
Van Straten N.O and Another v Okaputa (Proprietary) Limited (HC-MD-CIV-MOT-GEN 121 of 2022) [2022] NAHCMD 312 (23 June 2022)
The applicants were duly authorised to institute liquidation proceedings under the Companies Act, 2004. Bank Windhoek, as a creditor with a direct and substantial interest, was entitled to intervene. Okaputa (Proprietary) Limited was found to be commercially insolvent as it could not meet its debts as they fell due, justifying a provisional order of liquidation.
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S v Kubeb (CR 57 of 2022) [2022] NAHCMD 310 (21 June 2022)
The High Court confirmed Bradley Kubeb’s contempt conviction but revised the sentence from N$600 or three months to N$100 or ten days’ imprisonment.
S v Hartung; S v Ortman (CR 56 of 2022) [2022] NAHCMD 309 (20 June 2022)
The High Court set aside two criminal convictions after finding that formal admissions were improperly solicited from unrepresented accused persons.
Government of The Republic of Namibia v Mbwale (HC-MD-CIV-ACT-DEL- 5058 of 2019) [2022] NAHCMD 301 (16 June 2022)
The High Court held that service defects did not prevent prescription from being interrupted and found the defendant liable for damage caused when he drove and overturned a police vehicle without written authority.
S v Tyali (CR 28 of 2022) [2022] NAHCNLD 62 (16 June 2022)
On review, the High Court confirmed a conviction for illegal entry but amended the suspended sentence to make the suspension condition narrower and properly tied to the offence.
S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 299 (16 June 2022)
The High Court convicted the accused of rape and abduction, finding forensic and medical evidence proved penile penetration of a five-year-old complainant.
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