S v Munuma and Others (7) (CC 3 of 2004) [2021] NAHCMD 125 (24 March 2021)

S v Munuma and Others (7) (CC 3 of 2004) [2021] NAHCMD 125 (24 March 2021)

There is sufficient evidence before the court to establish a prima facie case against the accused on all charges except for the count of murder. The application for discharge under s 174 is dismissed except for the murder charge, as the State failed to establish a prima facie case for murder against accused 1 and 2.

Citation
[2021] NAHCMD 125
Parties
Applicant: The State; 1st Respondent: Progress Kenyoka Munuma; 2nd Respondent: Shine Samulandela Samulandela; 3rd Respondent: Manuel Manepelo Makendano; 4th Respondent: Alex Sinjabata Mushakwa; 5th Respondent: Diamond Samunzala Salufu; 6th Respondent: Frederick Isaka Ntambilwa; 7th Respondent: Hoster Simasiku Ntombo; 8th Respondent: John Mazila Tembwe
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
24 March 2021
Case Number
CC 3 of 2004
Procedural Posture
Criminal / Application for Discharge Under S 174 of the Criminal Procedure Act After Close of State's Case
Outcome
Application for discharge under s 174 of the Criminal Procedure Act dismissed except for the count of murder for accused 1 and 2.
Legal Topics
High Treason, Sedition, Public Violence, Arms and Ammunition Offences, Immigration Offences, Jurisdiction, Prima Facie Case, Discharge Application
Source Language
English
Criminal Law Constitutional Law High Treason Sedition Public Violence Arms and Ammunition Offences Immigration Offences Jurisdiction +2 more

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Parties

The State

Applicant

Progress Kenyoka Munuma

1st Respondent

Shine Samulandela Samulandela

2nd Respondent

Manuel Manepelo Makendano

3rd Respondent

Alex Sinjabata Mushakwa

4th Respondent

Diamond Samunzala Salufu

5th Respondent

Frederick Isaka Ntambilwa

6th Respondent

Hoster Simasiku Ntombo

7th Respondent

John Mazila Tembwe

8th Respondent

Procedural Posture

Criminal / Application for Discharge Under S 174 of the Criminal Procedure Act After Close of State's Case

Legal Issues

  1. 1 Whether the accused should be discharged under s 174 of the Criminal Procedure Act for lack of prima facie evidence
  2. 2 Whether the State established a prima facie case on charges of high treason, sedition, public violence, arms and ammunition offences, and immigration offences
  3. 3 Whether the court has jurisdiction over the accused and the offences charged

Ratio Decidendi

There is sufficient evidence before the court to establish a prima facie case against the accused on all charges except for the count of murder. The application for discharge under s 174 is dismissed except for the murder charge, as the State failed to establish a prima facie case for murder against accused 1 and 2.

Court Disposition

Application for discharge under s 174 of the Criminal Procedure Act dismissed except for the count of murder for accused 1 and 2.

Orders

  • The application for discharge in terms of s 174 of the Criminal Procedure Act, 51 of 1977, except for the count of murder, is dismissed.
  • Accused 1 and 2 are found not guilty and discharged on the count of murder.