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Namibia decisions
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Shipena v Itembu (HC-NLD-CIV-APP-AMC 2 of 2020) [2022] NAHCNLD 77 (15 August 2022)
The High Court upheld an appeal against a guardianship order made without hearing the father, stressing audi alteram partem and the child’s best interests.
Mbambi v Minister of Home Affairs, Safety and Immigration (HC-MD-CIV-ACT-DEL- 3830 of 2021) [2022] NAHCMD 226 (6 May 2022)
The particulars of claim are excipiable not for failing to disclose a cause of action, but for failing to state the nature of the guardianship exercised by the person assisting the minor, rendering the pleading vague and embarrassing. The relationship or capacity of the alleged guardian must be disclosed to establish locus standi and to prevent abuse, especially in light of child protection concerns.
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Pickering v Tjiroze (HC-MD-CIV-MOT-GEN 505 of 2021) [2022] NAHCMD 2 (5 January 2022)
An urgent child-relocation dispute was dismissed in part, with the court allowing the child to return to Johannesburg subject to access and custody-related conditions.
CJS v CS (SA 32 of 2021) [2021] NASC 40 (15 October 2021)
The Supreme Court of Namibia dismissed a father’s appeal over custody and relocation, holding it was in the child’s best interests to live with the mother in Stellenbosch.
CS v CS (HC-MD-CIV-ACT-MAT 179 of 2017) [2021] NAHCMD 170 (12 April 2021)
The High Court of Namibia granted a mother leave to relocate with her child to South Africa, awarded her custody and control, and ordered maintenance and access arrangements.
A J M v C L S (HC-MD-CIV-MOT-GEN 44 of 2020) [2020] NAHCMD 63 (21 February 2020)
Urgent family-law motion about a minor child’s temporary care and removal from Namibia was partly granted. The court refused return to the applicant and reserved custody issues for the Children’s Court.
S v Elago (Sentence) (CC 12 of 2013) [2016] NAHCNLD 89 (1 November 2016)
Despite the accused's youth and mitigating circumstances, the repetitive and serious nature of the offences, the vulnerability of the victims, and the need to protect society and deter similar conduct justify a custodial sentence, structured to allow for rehabilitation rather than to break the accused.
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Gomaseb v S (CA 58 of 2013) [2013] NAHCMD 366 (29 November 2013)
The High Court dismissed a sentence appeal by a 15-year-old convicted of statutory rape, finding no misdirection and no shockingly inappropriate sentence.
Jordaan v Jordaan (317 of 2012) [2012] NAHC 333 (11 December 2012)
The High Court held that a magistrate’s interim custody order was invalid because custody had already been fixed in a divorce order. Urgent interim relief was granted.
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