Prosecutor-General v Namoloh and Others. [2020] NASC 18 (19 August 2020)

Prosecutor-General v Namoloh and Others. [2020] NASC 18 (19 August 2020)

Once charges are withdrawn under s 6(a) of the Criminal Procedure Act, the person is no longer an accused as contemplated by Article 12(1)(b) of the Namibian Constitution; therefore, the High Court was not competent to grant a permanent stay of prosecution as there were no extant charges to stay.

Source-derived case information.

Citation
[2020] NASC 18
Parties
Appellant: Prosecutor-General of Namibia; First Respondent: Marien Ngouabi Namoloh; Second Respondent: The Magistrate of Katutura; Third Respondent: Magistrate Court; Fourth Respondent: The Inspector-General: Namibian Police
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
19 August 2020
Procedural Posture
Criminal Constitutional Application (appeal) / Supreme Court Appeal From High Court
Outcome
appeal allowed; High Court order set aside; application dismissed; no order as to costs
Legal Topics
Permanent Stay of Prosecution, Unreasonable Delay, Right to Fair Trial, Status of Accused After Withdrawal of Charges
Source Language
english
Criminal Law Constitutional Law Permanent Stay of Prosecution Unreasonable Delay Right to Fair Trial Status of Accused After Withdrawal of Charges

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Parties

Prosecutor-General of Namibia

Appellant

Marien Ngouabi Namoloh

First Respondent

The Magistrate of Katutura

Second Respondent

Magistrate Court

Third Respondent

The Inspector-General: Namibian Police

Fourth Respondent

Procedural Posture

Criminal Constitutional Application (appeal) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether a person against whom charges have been withdrawn under s 6(a) of the Criminal Procedure Act is an 'accused' for purposes of Article 12(1)(b) of the Namibian Constitution
  2. 2 Whether the High Court was competent to grant a permanent stay of prosecution in the absence of extant charges

Ratio Decidendi

Once charges are withdrawn under s 6(a) of the Criminal Procedure Act, the person is no longer an accused as contemplated by Article 12(1)(b) of the Namibian Constitution; therefore, the High Court was not competent to grant a permanent stay of prosecution as there were no extant charges to stay.

Court Disposition

appeal allowed; High Court order set aside; application dismissed; no order as to costs

Orders

  • The application is dismissed and there shall be no order as to costs.
  • There shall be no order as to costs in the appeal and each party shall pay his or her own costs.