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Namibia decisions
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S v Dias (CC 14 of 2011) [2022] NAHCMD 654 (2 December 2022)
The High Court struck the State’s application for leave to appeal against sentence because the notice failed to plead reasonable prospects of success and proper grounds.
Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021) [2022] NAHCMD 655 (2 December 2022)
The Deputy Governor of the Bank of Namibia lacked authority, power, capacity, competence and jurisdiction to issue the Notice and Order of Forfeiture on 5 July 2021; the Notice and Order are invalid and set aside. Regulations 22A and 22B are applicable and valid in Namibia, but the forfeiture decision was not lawfully made.
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S v Gustavo (SA 58 of 2022) [2022] NASC 45 (2 December 2022)
The High Court misdirected itself by failing to properly assess the impact of the new facts advanced by the respondent, by relying on an unenforceable and unspecified GPS monitoring condition, and by not giving due weight to the seriousness of the charges, the strength of the State's case, and the public interest. The discretion to grant bail was exercised on wrong principles and must be set aside.
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Standard Bank Namibia Ltd v Nekwaya (SA 95 of 2020) [2022] NASC 43 (1 December 2022)
The Credit Agreements Act 75 of 1980 did not apply to the instalment sale agreement as the cash price exceeded the statutory threshold; thus, the High Court's basis for granting absolution from the instance fell away. The appellant established a prima facie case requiring a response from the respondent, and the weak explanation for delay was outweighed by strong prospects of success. Condonation and reinstatement were therefore granted, the appeal upheld, and the matter remitted for continuation of trial.
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S v Muzamu (CR 131 of 2022) [2022] NAHCMD 648 (30 November 2022)
High Court review in a criminal matter confirmed the conviction and sentence, but set aside the magistrate’s declaration that the accused was a prohibited immigrant.
DTE Investment CC v Hardap Regional Counci (HC-MD-CIV-ACT-CON 3295 of 2022) [2022] NALCMD 646 (29 November 2022)
The plaintiff failed to plead facts establishing bad faith, dishonesty, or exceptional circumstances entitling it to private law damages for breach of public law rights. The particulars of claim do not disclose a cause of action for damages against the defendants. The exceptions are upheld and the particulars of claim are struck out.
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S v Amib (CR 103 of 2022) [2022] NAHCMD 647 (29 November 2022)
The High Court set aside a conviction and sentence after finding that the magistrate failed to properly question the accused under section 112(1)(b) and risked duplication of convictions.
S v Tiboth (CR 130 of 2022) [2022] NAHCMD 645 (28 November 2022)
The High Court of Namibia set aside a theft conviction and sentence because the matter was wrongly dealt with under section 112(1)(a) of the CPA.
S v Maibwe (CR 129 of 2022) [2022] NAHCMD 644 (28 November 2022)
High Court review confirming a DUI conviction and sentence, but remitting the matter so the magistrate court could apply the mandatory section 51(1) procedure.
Ngwarati v Chief of Immigration (HC-MD-CIV-MOT-GEN 397 of 2022) [2022] NAHCMD 640 (23 November 2022)
The applicant was compelled to litigate due to the respondents' inaction regarding his work permit renewal. The urgent application achieved its purpose as the respondents only acted after litigation commenced. The respondents' argument that there was no trigger event is irrational given the applicant's prolonged lack of income and uncertainty. Therefore, the respondents are liable for the applicant's costs, but not on a punitive scale.
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