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Namibia decisions
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S v Mutafela (CR 45 of 2022) [2022] NAHCMD 261 (24 May 2022)
On review, the High Court confirmed the conviction but set aside an incompetent indefinite suspended sentence and replaced it with a definite 3-year suspension.
S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)
The High Court refused the State leave to appeal against the grant of bail to Ricardo Jorge Gustavo, finding no reasonable prospect of a different outcome.
S v Kazuva (CR 46 of 2022) [2022] NAHCMD 262 (24 May 2022)
On special review, the High Court confirmed accused 2’s conviction and sentence, but set aside accused 1’s plea proceedings on count 1 for inadequate questioning.
Sheehama v Sheehama (HC-MD-CIV-ACT-MAT 3183 of 2019) [2022] NAHCMD 253 (20 May 2022)
The plaintiff failed to prove the existence of an antenuptial contract or any agreement to be married out of community of property. The marriage was concluded in Windhoek, outside the Police Zone, so section 17(6) of Proclamation 15 of 1928 does not apply. The presumption of marriage in community of property stands, supported by the title deed, mortgage documents, and affidavits signed by the plaintiff. The marriage is declared to be in community of property.
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S v Haseb and Another (CR 39 of 2022) [2022] NAHCMD 254 (20 May 2022)
The magistrate failed to establish the accused's intention for count 1 and the element of 'breaking' for count 2 was not met, rendering the convictions unsound. The conviction and sentence for accused 3 were proper.
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S v Tjiongwa (CR 40 of 2022) [2022] NAHCMD 255 (20 May 2022)
The conviction and sentence were set aside because the court a quo failed to establish through questioning that the accused intended to steal at the time of entering the premises, thus not all elements of the offence were admitted.
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S v Hamukwaya (HC-NLD-CRI-APP-SNA 33 of 2021) [2022] NAHCNLD 54 (19 May 2022)
The respondent's formal admissions, made with legal representation, amounted to an unequivocal acknowledgement of guilt for murder with direct intent. The magistrate misdirected himself by not convicting on murder and by failing to call essential witnesses under section 186 of the CPA. The appeal is upheld and the conviction is substituted with murder with direct intent.
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Lisias v S (HC-NLD-CRI-APP-CAL 17 of 2021) [2022] NAHCNLD 53 (19 May 2022)
The appellant failed to provide a reasonable explanation for the late filing of the appeal and there were no prospects of success as the trial court properly exercised its sentencing discretion, considered all relevant factors, and imposed a sentence that was not shocking or inappropriate.
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S v Muhenje (HC-NLD-CRI-APP-SLA 42 of 2021) [2022] NAHCNLD 52 (19 May 2022)
The High Court granted condonation and leave to appeal against sentence in a stock theft case, finding reasonable prospects that the sentence was too lenient.
Kambatuku and Another v Tjaveondja and Others (HC-MD-CIV-ACT-OTH- 939 of 2021) [2022] NAHCMD 246 (18 May 2022)
The High Court held that the plaintiffs had locus standi to seek eviction from Camp K4, finding their allocation of Farm Goab gave them a direct interest.
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