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Namibia Case Law

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Labour law [2022] NALCMD 72

Silumbu v Kapapero N.O. (HC-MD-LAB-MOT-REV 209 of 2022)

Silumbu v Kapapero N.O. (HC-MD-LAB-MOT-REV 209 of 2022) [2022] NALCMD 72 (16 November 2022)

Court
Labour Court Main Division
Case number
HC-MD-LAB-MOT-REV 209 of 2022

Exceptional circumstances existed due to the seriousness and complexity of the charges against the applicant, affecting her reputation and livelihood. The refusal to allow legal representation failed the test of fairness, and the relevant staff rule excluding legal representation was ultra vires the enabling Act. The applicant was entitled to legal representation at her disciplinary hearing.

Source excerpt

  • Legal representation at disciplinary hearings
  • Fairness in disciplinary proceedings
  • Ultra vires administrative rules
  • Mandamus
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Civil procedure [2022] NASC 39

Municipal Council of Windhoek v Pioneerspark Dam Investment CC (SA 70 of 2019)

Municipal Council of Windhoek v Pioneerspark Dam Investment CC (SA 70 of 2019) [2022] NASC 39 (16 November 2022)

Court
Supreme Court
Case number
SA 70 of 2019

The Supreme Court reviewed a taxing master’s allocatur, finding the fees for instructed legal practitioners in an appeal were wrongly reduced and substituting a higher amount.

  • Taxation of costs
  • Review of taxing master's allocatur
  • Legal practitioners' fees
  • Exception to objection rule in taxation
  • Taxation-of-costs
  • Review-of-allocatur
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Civil procedure [2022] NASC 38

Shikongo v Lee's Investments (Pty) Ltd (SA 33 of 2020)

Shikongo v Lee's Investments (Pty) Ltd (SA 33 of 2020) [2022] NASC 38 (15 November 2022)

Court
Supreme Court
Case number
SA 33 of 2020

The Supreme Court of Namibia refused condonation for a late appeal record, found no prospects of success, and struck the appeal from the roll with costs.

  • Condonation
  • Interpretation of contracts
  • Consultancy agreements
  • Refund of payments
  • Breach of contract
  • Civil-procedure
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Civil procedure [2022] NAHCMD 621

Khoeseb v City of Windhoek and Others (HC-MD-CIV-MOT-REV 217 of 2021)

Khoeseb v City of Windhoek and Others (HC-MD-CIV-MOT-REV 217 of 2021) [2022] NAHCMD 621 (15 November 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV 217 of 2021

The first and second respondents provided a reasonable, full, and accurate explanation for the 5-day delay, brought the application promptly, demonstrated prospects of success, and made sufficient attempts to comply with Rule 32(9) and (10). Condonation and upliftment of the bar are granted.

Source excerpt

  • Condonation
  • Court orders
  • Review proceedings
  • Compliance with rules
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Labour law [2022] NASC 36

Swakop Uranium v Employees of Swakopm Uranium as Per Schedule Annexure 'POC1' and Others (SA 70 of 2020)

Swakop Uranium v Employees of Swakopm Uranium as Per Schedule Annexure 'POC1' and Others (SA 70 of 2020) [2022] NASC 36 (14 November 2022)

Court
Supreme Court
Case number
SA 70 of 2020

The claims for overtime pay arose solely from section 17 of the Labour Act and not from the common law of contract. The Act provides a specific remedy and forum for such statutory rights, namely referral to the Labour Commissioner and arbitration, with a one-year time bar. The High Court lacked jurisdiction to hear claims based solely on statutory rights under the Act.

Source excerpt

  • Jurisdiction
  • Employment contracts
  • Statutory rights
  • Overtime remuneration
  • Prescription/time bar
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Civil procedure [2022] NASC 37

Mwaala v Nghikomenwa (SA 100 of 2020)

Mwaala v Nghikomenwa (SA 100 of 2020) [2022] NASC 37 (14 November 2022)

Court
Supreme Court
Case number
SA 100 of 2020

The Supreme Court set aside a High Court ruling on prescription, holding the special plea should not have been decided without evidence as agreed.

  • Prescription of claims
  • Special plea procedure
  • Vicarious liability
  • Interpretation of statutory time-bars
  • Pre-trial agreements
  • Special-plea
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Criminal law [2022] NAHCMD 616

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

Court
High Court Main Division
Case number
HC-MD-CRI-APP-CAL 72 of 2022

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

  • Bail
  • Rape
  • Combating of domestic violence
  • Judicial discretion
  • Onus of proof
  • Bail-appeal
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Criminal law [2022] NAHCMD 619

S v Van der Westhuizen and Another (CR 121 of 2022)

S v Van der Westhuizen and Another (CR 121 of 2022) [2022] NAHCMD 619 (14 November 2022)

Court
High Court Main Division
Case number
CR 121 of 2022

The High Court confirmed the convictions but amended the sentences, finding the magistrate’s suspended sentence conditions too vague and the treatment of the first offender unfair.

  • Sentencing
  • Suspended sentence
  • Escape from lawful custody
  • Judicial discretion
  • Criminal-law
  • Suspended-sentence
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Administrative law [2022] NAHCMD 618

Mwilima v Minister of Home Affairs, Immigration and Safety and Security (HC-MD-CIV-MOT-GEN 260 of 2021)

Mwilima v Minister of Home Affairs, Immigration and Safety and Security (HC-MD-CIV-MOT-GEN 260 of 2021) [2022] NAHCMD 618 (14 November 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 260 of 2021

Regulation 274 is ultra vires section 109 read with section 132 of the Correctional Service Act 9 of 2012 because it introduces substantive requirements, specifically the 'imminent death' criterion, not contemplated by the Act. The Act only requires that an inmate be suffering from a dangerous, infectious, or contagious disease, or that continued incarceration is detrimental to health on physical grounds. The Minister's power to make regulations does not extend to adding substantive jurisdictional requirements beyond those in the Act.

Source excerpt

  • Ultra vires
  • Delegated legislation
  • Medical parole
  • Correctional services
  • Doctrine of legality
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Criminal law [2022] NAHCMD 617

S v Jerobeam (CC 6 of 2020)

S v Jerobeam (CC 6 of 2020) [2022] NAHCMD 617 (14 November 2022)

Court
High Court Main Division
Case number
CC 6 of 2020

The seriousness, premeditation, and brutality of the crimes, the vulnerability of the victims, and the absence of remorse outweigh the mitigating factors. Custodial sentences are inevitable, and concurrent sentences are ordered to ensure the total effective sentence is proportionate to the blameworthiness of the accused.

Source excerpt

  • Murder
  • Robbery
  • Conspiracy
  • Theft
  • Defeating or obstructing the course of justice
  • Sentencing
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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