Namibia Case Law

Council of the Municipality of Swakopmund v Chairperson of the Management Committee and Others (HC-MD-CIV-MOT-REV 351 of 2022)

Council of the Municipality of Swakopmund v Chairperson of the Management Committee and Others (HC-MD-CIV-MOT-REV 351 of 2022) [2022] NAHCMD 665 (7 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 351 of 2022

The decision of the Management Committee was ultra vires the relevant regulations, no valid written contract of employment existed as required by law, and the second respondent could not have a legitimate expectation to an appointment made unlawfully. The decision was therefore invalid and set aside.

Source excerpt

• Self-review
• Ultra vires
• Local authorities
• Employment contracts
• Legitimate expectation

Read case analysis

Namibia Electrical Services CC v Silas-Kishi Shakumu & Company Inc (HC-MD-CIV-ACT-CON- 1115 of 2019)

Namibia Electrical Services CC v Silas-Kishi Shakumu & Company Inc (HC-MD-CIV-ACT-CON- 1115 of 2019) [2022] NAHCMD 667 (7 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 1115 of 2019

The contract was between the plaintiff and the defendant, as evidenced by the quotations, payments, and conduct of the parties. The plaintiff performed the work as agreed, and the defendant is liable for the outstanding amount. The obligation to join any other interested party rested with the defendant, which was not done.

Source excerpt

• Freedom of contract
• Breach of contract
• Interpretation of contracts
• Joinder of parties

Read case analysis

S v Polman (CR 138 of 2022)

S v Polman (CR 138 of 2022) [2022] NAHCMD 663 (6 December 2022)

Court

High Court Main Division

Case number

CR 138 of 2022

The magistrate's court erred by putting the suspended sentence into operation without warning the accused or affording him an opportunity to be heard, and without a proper application by the state; this constituted a procedural irregularity warranting the setting aside of the order.

Source excerpt

• Suspended sentence
• Review proceedings
• Housebreaking with intent to steal and theft
• Procedural irregularity

Read case analysis

Hatuikulipi v Gustavo (15 of 2022)

Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 2022)

Court

Supreme Court

Case number

15 of 2022

The Supreme Court of Namibia refused the State’s late condonation attempt and allowed three co-accused to intervene in a pending petition over judicial recusal.

• Intervention applications
• Recusal of judges
• Condonation for late filing
• Fair trial rights
• Intervention-applications
• Judicial-recusal

Read case analysis

Kwenani v Ndara (HC-MD-CIV-ACT-DEL- 215 of 2021)

Kwenani v Ndara (HC-MD-CIV-ACT-DEL- 215 of 2021) [2022] NAHCMD 664 (6 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 215 of 2021

The High Court dismissed an application to rescind a default eviction judgment, finding the defendant had not shown a bona fide defence or prospects of success.

• Rescission of judgment
• Eviction
• Default judgment
• Condonation for late filing
• Rescission-of-judgment
• Default-judgment

Read case analysis

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021)

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021) [2022] NAHCMD 659 (6 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 315 of 2021

The phrase 'but is not limited to' in section 2(2) of the Combatting of Rape Act 8 of 2000 is not vague or unconstitutional; it is designedly broad to address the diverse and unpredictable forms of coercive circumstances in rape cases. The applicant was provided with sufficient particulars and disclosure to prepare a defence, and procedural safeguards exist to prevent arbitrary prosecution. The applicant lacks standing to challenge section 2(2)(c) as he was not charged under that provision.

Source excerpt

• Vagueness doctrine
• Fair trial rights
• Statutory interpretation
• Sexual offences
• Locus standi

Read case analysis

Dannecker v Leopard Tours Car & Camping Hire CC and Others (I 2909 of 2006)

Dannecker v Leopard Tours Car & Camping Hire CC and Others (I 2909 of 2006) [2022] NAHCMD 658 (5 December 2022)

Court

High Court Main Division

Case number

I 2909 of 2006

Review of taxation dismissed. The High Court upheld the Taxing Master’s allowance of translator’s fees and instructed counsel’s fees.

• Costs
• Taxation of costs
• Review of taxing master's decision
• Taxation-of-costs
• Taxing-master
• Costs-review

Read case analysis

Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014)

Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014) [2022] NALCMD 74 (5 December 2022)

Court

Labour Court Main Division

Case number

LCA 46 of 2014

The Labour Court refused condonation for a late application for leave to appeal, finding the delay unexplained and the non-compliance with appeal rules flagrant.

• Condonation
• Leave to appeal
• Late filing
• Finality of litigation
• Legal practitioner conduct
• Leave-to-appeal

Read case analysis

S v Lichtenstrasser (CC 9 of 2020)

S v Lichtenstrasser (CC 9 of 2020) [2022] NAHCMD 657 (5 December 2022)

Court

High Court Main Division

Case number

CC 9 of 2020

__CONTENT_FILTERED__

Source excerpt

• Content Filtered

Read case analysis

S v Plaatjie (CR 132 of 2022)

S v Plaatjie (CR 132 of 2022) [2022] NAHCMD 653 (2 December 2022)

Court

High Court Main Division

Case number

CR 132 of 2022

Failure to explain the defence of lack of means under s 39(2) of the Maintenance Act to the accused before plea constitutes a procedural irregularity that prejudices the accused, warranting the setting aside of the conviction and sentence.

Source excerpt

• Maintenance
• Failure to pay maintenance
• Procedural irregularity
• Defence of lack of means

Read case analysis