Namibia Case Law

Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Court

Labour Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NAHCMD 693 (27 December 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not change the basis on which bail was initially refused. The State has established a strong prima facie case, and the seriousness of the offences, public interest, and administration of justice justify continued detention. The new facts do not establish a new perspective impacting the old facts; bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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S v Amunyela (CC 13 of 2020)

S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)

Court

Northern Local Division

Case number

CC 13 of 2020

The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.

• Murder
• Circumstantial evidence
• Domestic violence
• Burden of proof
• Admissibility of evidence
• Circumstantial-evidence

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S v Hendrickse (CR 141 of 2022)

S v Hendrickse (CR 141 of 2022) [2022] NAHCMD 676 (9 December 2022)

Court

High Court Main Division

Case number

CR 141 of 2022

The High Court set aside a drug conviction and sentence because the accused’s guilty-plea admissions did not adequately prove the substance was cannabis.

• Possession of dependence producing substances
• Admissions under s 112(1)(b) cpa
• Proof of prohibited substances
• Criminal-law
• Guilty-plea-inquiry
• Drug-possession

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Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022)

Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 48 of 2022

The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.

• Sentencing
• Appeal
• Escaping from lawful custody
• Criminal-sentencing
• Criminal-appeal
• Escape-from-lawful-custody

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S v Masikilo (CR 139 of 2022)

S v Masikilo (CR 139 of 2022) [2022] NAHCMD 669 (8 December 2022)

Court

High Court Main Division

Case number

CR 139 of 2022

On automatic review, the court set aside an incorrect conviction for housebreaking with intent to steal and theft and substituted housebreaking with intent to steal.

• Housebreaking
• Intent to steal
• Conviction substitution
• Suspended sentence
• Criminal-law
• Intent-to-steal

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S v Geingob (CR 137 of 2022)

S v Geingob (CR 137 of 2022) [2022] NAHCMD 660 (8 December 2022)

Court

High Court Main Division

Case number

CR 137 of 2022

On review, the High Court confirmed a contempt conviction but set aside a six-month sentence as unlawful and substituted 45 days’ imprisonment.

• Contempt in facie curiae
• Sentencing
• Review powers
• Criminal-law
• Contempt-of-court
• Judicial-review

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S v April (CR 1856 of 2022)

S v April (CR 1856 of 2022) [2022] NAHCMD 670 (8 December 2022)

Court

High Court Main Division

Case number

CR 1856 of 2022

The accused was not properly informed of the consequences of making formal admissions under section 220, and some admissions were improperly extracted by the court, rendering the conviction unsafe. The delay in forwarding the record for review also constituted a miscarriage of justice.

Source excerpt

• Formal admissions
• Section 220 criminal procedure act
• Combating domestic violence
• Review procedure
• Magistrate's duties

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S v Polman (CR 138 of 2022)

S v Polman (CR 138 of 2022) [2022] NAHCMD 663 (6 December 2022)

Court

High Court Main Division

Case number

CR 138 of 2022

The magistrate's court erred by putting the suspended sentence into operation without warning the accused or affording him an opportunity to be heard, and without a proper application by the state; this constituted a procedural irregularity warranting the setting aside of the order.

Source excerpt

• Suspended sentence
• Review proceedings
• Housebreaking with intent to steal and theft
• Procedural irregularity

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Hatuikulipi v Gustavo (15 of 2022)

Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 2022)

Court

Supreme Court

Case number

15 of 2022

The Supreme Court of Namibia refused the State’s late condonation attempt and allowed three co-accused to intervene in a pending petition over judicial recusal.

• Intervention applications
• Recusal of judges
• Condonation for late filing
• Fair trial rights
• Intervention-applications
• Judicial-recusal

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