S v Munuma and Others (1) (CC 3 of 2004) [2005] NAHC 39 (25 October 2005)

S v Munuma and Others (1) (CC 3 of 2004) [2005] NAHC 39 (25 October 2005)

The accused were lawfully brought before the court as the evidence showed that the Botswana authorities independently decided to deport them and merely informed the Namibian authorities, who received them at the border. There was no evidence of Namibian involvement or connivance in the deportation process. The clean hands doctrine was not violated, and the court has jurisdiction to try the accused.

Citation
[2005] NAHC 39
Parties
Accused 1: Progress Kenyoko Munuma; Accused 2: Shine Samulandela Shine; Accused 3: Manepeleo Manuel Makendano; Accused 4: Vincent Liswaniso Siliye; Accused 5: Vincent Kashu Sinasi; Accused 6: Alex Sinjabata Mushakwa; Accused 7: Diamond Samuzula Salufu; Accused 9: Hoster Simasiku Ntombo; Accused 10: Boster Mubuyaeta Samuele; Accused 11: John Mazila Tembwe; Accused 12: Alex Mafwila Liswani; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
25 October 2005
Case Number
CC 3 of 2004
Procedural Posture
Criminal / Ruling on Special Plea to Jurisdiction
Outcome
Special pleas dismissed; court has jurisdiction to try the accused.
Legal Topics
Jurisdiction, Extradition, Deportation, High Treason, Sedition, Public Violence, Firearms Offences
Source Language
English
Criminal Law International Law Jurisdiction Extradition Deportation High Treason Sedition Public Violence +1 more

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Parties

Progress Kenyoko Munuma

Accused 1

Shine Samulandela Shine

Accused 2

Manepeleo Manuel Makendano

Accused 3

Vincent Liswaniso Siliye

Accused 4

Vincent Kashu Sinasi

Accused 5

Alex Sinjabata Mushakwa

Accused 6

Diamond Samuzula Salufu

Accused 7

Hoster Simasiku Ntombo

Accused 9

Boster Mubuyaeta Samuele

Accused 10

John Mazila Tembwe

Accused 11

Alex Mafwila Liswani

Accused 12

The State

Respondent

Procedural Posture

Criminal / Ruling on Special Plea to Jurisdiction

Legal Issues

  1. 1 Whether the High Court of Namibia has jurisdiction to try the accused given their alleged abduction from Botswana and subsequent handover to Namibian authorities
  2. 2 Whether the accused were lawfully brought before the court or in violation of international law and domestic extradition/deportation procedures

Ratio Decidendi

The accused were lawfully brought before the court as the evidence showed that the Botswana authorities independently decided to deport them and merely informed the Namibian authorities, who received them at the border. There was no evidence of Namibian involvement or connivance in the deportation process. The clean hands doctrine was not violated, and the court has jurisdiction to try the accused.

Court Disposition

Special pleas dismissed; court has jurisdiction to try the accused.

Orders

  • The special pleas to jurisdiction are dismissed.
  • The trial is to proceed.