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Namibia decisions
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Watson v Law Society of Namibia (SA 39 of 2020) [2022] NASC 19 (16 June 2022)
The Supreme Court of Namibia dismissed an appeal against refusal of admission as a legal practitioner, finding the appellant’s non-disclosure and misrepresentation showed lack of honesty and fitness.
Shihepo v Project Hope Namibia (HC-NLD-CIV-ACT-CON 218 of 2021) [2022] NAHCNLD 61 (13 June 2022)
The court found that a discovery affidavit is not a pleading and thus not subject to barring under rule 54(3). The defendant's explanation for late filing was reasonable and the non-compliance was rectified immediately, minimizing prejudice. Although the prospects of success were not fully set out, the defendant's plea indicated an arguable case. The application for condonation was granted, but the defendant was ordered to pay costs due to the plaintiff's warranted opposition.
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Mulike v Minister of Home Affairs, Immigration, Safety and Security (HC-MD-CIV-ACT-DEL- 5065 of 2020) [2022] NAHCMD 244 (13 June 2022)
Plaintiff's evidence, corroborated by witness, established on balance of probabilities that he was assaulted by Sgt Murumendu, resulting in physical injury and emotional trauma. Defendants' evidence was inconsistent and contradicted. The assault was unprovoked and occurred during the course and scope of employment. Plaintiff entitled to damages.
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Mbathera v S (HC-MD-CRI-APP-CAL 17 of 2017) [2022] NAHCMD 284 (10 June 2022)
High Court appeal judgment refusing condonation for a late notice of appeal in a murder and arson case and striking the matter from the roll.
S v Johannes (HC-NLD-CRI-APP-SLA 43 of 2021) [2022] NAHCNLD 60 (10 June 2022)
The High Court granted the State leave to appeal a section 174 discharge, finding arguable prospects after the magistrate discharged the respondent without hearing the State.
S v Ueitele; S v Berendt; S v Petrus (CR 53 of 2022) [2022] NAHCMD 292 (10 June 2022)
The sentences imposed were shockingly inappropriate for first offenders who pleaded guilty, as they failed to consider mitigating factors and the element of mercy, resulting in sentences that were too harsh and induced a sense of shock.
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S v Claasen; S v Hendricks; S v Haiman (CR 52 of 2022) [2022] NAHCMD 291 (10 June 2022)
High Court review correcting three criminal sentences for omitting the word “committed” in suspended-sentence conditions; convictions were confirmed.
S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022) [2022] NAHCMD 285 (10 June 2022)
The High Court set aside guilty plea convictions for suspected stolen stock, holding that section 112(1)(a) was wrongly used for a non-minor offence.
S v Samuel (CR 26 of 2022) [2022] NAHCNLD 59 (9 June 2022)
The High Court reviewed and set aside guilty pleas and sentences because the magistrate’s compounded, leading questions under section 112(1)(b) were irregular.
Standard Bank Namibia Limited v Ntinda (HC-MD-CIV-ACT-CON- 4862 of 2021) [2022] NAHCMD 283 (8 June 2022)
The declaration to be married in community of property can be made on the same day as the marriage, and the defendants held themselves out as such to the plaintiff; summary judgment is granted against second defendant.
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