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Namibia Case Law

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Criminal law [2022] NAHCNLD 75

S v John (CR 35 of 2022)

S v John (CR 35 of 2022) [2022] NAHCNLD 75 (2 August 2022)

The High Court on review set aside two convictions and sentences after finding defective guilty-plea questioning and a confusingly framed customs charge.

  • Conviction on plea of guilty
  • Section 112(1)(b) criminal procedure act
  • Framing of charges
  • Admission of elements of offence
  • Criminal-procedure
  • Guilty-plea
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Criminal law [2022] NAHCNLD 73

S v Fucangi (CR 34 of 2022)

S v Fucangi (CR 34 of 2022) [2022] NAHCNLD 73 (28 July 2022)

On automatic review, the High Court set aside a conviction on count 1 because the charge sheet and questioning were defective, but confirmed count 2.

  • Possession of illicit goods
  • Entry into namibia at unauthorized place
  • Defective charge sheet
  • Plea procedure
  • Defective-charge-sheet
  • Criminal-review
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Delict [2017] NASC 29

Minister of Finance and Another v Benson Craig (PTY) LTD (10 of 2016)

Minister of Finance and Another v Benson Craig (PTY) LTD (10 of 2016) [2017] NASC 29 (26 July 2017)

The Supreme Court of Namibia upheld damages for unlawfully detained cigarettes, holding the invoice price was prima facie market value and causation was proved.

  • Proof of damages
  • Unlawful detention of goods
  • Market value assessment
  • Causation in delict
  • Condonation application
  • Delict
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Customs law [2011] NAHC 180

Konga Clearing Agencies CC v Minister of Finance (APPEAL 310 of 2010)

Konga Clearing Agencies CC v Minister of Finance (APPEAL 310 of 2010) [2011] NAHC 180 (23 June 2011)

The applicant, as a clearing agent, lacked locus standi to institute proceedings in its own name regarding goods owned by its principal, as there was no proof of authority from the principal and the statutory provisions relied upon did not confer such competence.

  • Locus standi
  • Agency
  • Customs and excise
  • Authority to sue
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Criminal law [2010] NAHC 142

S v Wakunuma

S v Wakunuma (CRIMINAL 54 of 2010) [2010] NAHC 142 (28 September 2010)

The High Court reviewed a criminal sentence, confirmed the conviction, and substituted the suspended sentence because it misdescribed the offence and cited the wrong provision.

  • Failure to declare goods
  • Suspended sentence
  • Formulation of sentence
  • Criminal-law
  • Customs-law
  • Sentencing
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Criminal law [1998] NAHC 13

S v Kramash (CC 167 of 1998)

S v Kramash (CC 167 of 1998) [1998] NAHC 13 (27 October 1998)

The High Court of Namibia acquitted a transit passenger on all counts, finding she lacked mens rea for customs and diamond offences and no bribery was proved.

  • Mens rea
  • Customs declaration
  • Importation of diamonds
  • Possession of uncut diamonds
  • Bribery
  • Mens-rea
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