S v Mwinga and Others (2) (SA 1 of 1995) [1995] NASC 2 (11 October 1995)

S v Mwinga and Others (2) (SA 1 of 1995) [1995] NASC 2 (11 October 1995)

Namibian courts have jurisdiction over transnational crimes where a significant portion of the activities constituting the offence occurred in Namibia, and the accused failed to discharge the onus to show their conduct was justified under section 49 of the Criminal Procedure Act.

Citation
[1995] NASC 2
Parties
Appellant: The State; Respondent: Postrick Mwinga; Respondent: R. Sibiho; Respondent: B. N. Salushando; Respondent: C. Nchindo; Respondent: B. Simasiku
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
11 October 1995
Case Number
SA 1 of 1995
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal upheld in part
Legal Topics
Jurisdiction, Transnational Crime, Attempted Murder, Murder, Assault
Source Language
English
Criminal Law International Law Jurisdiction Transnational Crime Attempted Murder Murder Assault

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Appellant

Postrick Mwinga

Respondent

R. Sibiho

Respondent

B. N. Salushando

Respondent

C. Nchindo

Respondent

B. Simasiku

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Namibian courts have jurisdiction over crimes commenced in Namibia but completed outside Namibia
  2. 2 Whether the accused's conduct falls within the ambit of section 49 of the Criminal Procedure Act regarding use of force during arrest

Ratio Decidendi

Namibian courts have jurisdiction over transnational crimes where a significant portion of the activities constituting the offence occurred in Namibia, and the accused failed to discharge the onus to show their conduct was justified under section 49 of the Criminal Procedure Act.

Court Disposition

Appeal upheld in part

Orders

  • Court a quo's refusal to assume jurisdiction is set aside; jurisdiction over the murder charge is affirmed.
  • Acquittal of second to fifth respondents on attempted murder is set aside and substituted with conviction.