Namibia Case Law

Africa Big Lion Mining (Pty) Ltd (‘ABLM’) v Commissioner for Customs and Excise and Others (HC-MD-CIV-MOT-REV-2022/00608)

Africa Big Lion Mining (Pty) Ltd (‘ABLM’) v Commissioner for Customs and Excise and Others (HC-MD-CIV-MOT-REV-2022/00608) [2023] NAHCMD 735 (15 November 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2022/00608

Dolomite is a dimension stone within the meaning of the Export Levy Act 2 of 2016, as informed by the definition in the Minerals (Prospecting and Mining) Act 33 of 1992; the respondents acted intra vires and reasonably in imposing the export levy, and the applicant's claims of ultra vires, lack of audi, and legitimate expectation are unfounded.

Source excerpt

• Statutory interpretation
• Ultra vires
• Export levy
• Natural justice
• Legitimate expectation

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Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074)

Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074) [2023] NAHCMD 671 (20 October 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2021/00074

High Court granted condonation, joined the Townships Board chairperson and Registrar of Deeds, and allowed amendment of a review motion over a disputed township land sale.

• Joinder of parties
• Condonation for late filing
• Amendment of pleadings
• Review of administrative action
• Setting aside property transfer
• Validity of contract of sale

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Zhong Mei Engineering Group (Pty) Ltd and Others v Namibia Revenue Agency and Others (HC-MD-CIV-MOT-REV-2023/00325)

Zhong Mei Engineering Group (Pty) Ltd and Others v Namibia Revenue Agency and Others (HC-MD-CIV-MOT-REV-2023/00325) [2023] NAHCMD 513 (18 August 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2023/00325

The applicant failed to establish a prima facie right to interim relief as the deduction of funds by Standard Bank as agent for NAMRA was lawful under s 91 of the Income Tax Act, and the 'pay now argue later' principle applies in the public interest. The court found no basis to order the return of funds pending review.

Source excerpt

• Appointment of payment agent
• Tax recovery procedures
• Judicial review of administrative action
• Urgency in motion proceedings
• Pay now argue later principle
• Ultra vires challenge

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Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188)

Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188) [2023] NAHCMD 356 (27 June 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2023/00188

The Minister proved prima facie that the applicant committed fraud in the licence application process, but lacked statutory or implied authority to revoke the licence without approaching a court for appropriate relief; the functus officio doctrine and the extended Oudekraal principle require judicial intervention for revocation, even in cases of fraud; the applicant established a prima facie right to interim relief as the Minister's revocation was ultra vires, and all other requirements for an interim interdict were met.

Source excerpt

• Functus officio
• Interim interdicts
• Fraud in administrative process
• Judicial review
• Doctrine of oudekraal
• Separation of powers

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Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005)

Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005) [2023] NAHCMD 210 (20 April 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-APP-ATL-2022/00005

The appeal committee's decision was a nullity as it was not properly constituted in law, failed to comply with statutory requirements for decision-making, and violated the functus officio principle by issuing two judgments. The Executive Committee was empowered to act between Council meetings, but the removal of the appellant's name from the register was procedurally improper. The matter must be remitted to a differently constituted appeal committee for a fresh hearing.

Source excerpt

• Functus officio
• Composition of statutory tribunals
• Procedural fairness
• Extension of internship
• Removal from professional register

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Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021)

Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021) [2022] NAHCMD 679 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 494 of 2021

The High Court of Namibia found Caltop Investments and its director in contempt of an enforcement order, while holding that Merlus respondents lacked standing to oppose.

• Contempt of court
• Enforcement of arbitration awards
• Standing to oppose
• Joint venture agreements
• Costs orders
• Contempt-of-court

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Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021)

Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021) [2022] NAHCMD 678 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 349 of 2021

The High Court reviewed and set aside a land appeal tribunal decision after finding it exceeded its powers by conducting a hearing de novo.

• Judicial review
• Scope of appellate powers
• Communal land rights
• Procedural fairness
• Judicial-review
• Communalland-rights

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Council of the Municipality of Swakopmund v Chairperson of the Management Committee and Others (HC-MD-CIV-MOT-REV 351 of 2022)

Council of the Municipality of Swakopmund v Chairperson of the Management Committee and Others (HC-MD-CIV-MOT-REV 351 of 2022) [2022] NAHCMD 665 (7 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 351 of 2022

The decision of the Management Committee was ultra vires the relevant regulations, no valid written contract of employment existed as required by law, and the second respondent could not have a legitimate expectation to an appointment made unlawfully. The decision was therefore invalid and set aside.

Source excerpt

• Self-review
• Ultra vires
• Local authorities
• Employment contracts
• Legitimate expectation

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Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021)

Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021) [2022] NAHCMD 655 (2 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 312 of 2021

The Deputy Governor of the Bank of Namibia lacked authority, power, capacity, competence and jurisdiction to issue the Notice and Order of Forfeiture on 5 July 2021; the Notice and Order are invalid and set aside. Regulations 22A and 22B are applicable and valid in Namibia, but the forfeiture decision was not lawfully made.

Source excerpt

• Exchange control
• Delegation of authority
• Forfeiture of funds
• Applicability of foreign regulations
• Constitutional consistency

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DTE Investment CC v Hardap Regional Counci (HC-MD-CIV-ACT-CON 3295 of 2022)

DTE Investment CC v Hardap Regional Counci (HC-MD-CIV-ACT-CON 3295 of 2022) [2022] NALCMD 646 (29 November 2022)

Court

Labour Court Main Division

Case number

HC-MD-CIV-ACT-CON 3295 of 2022

The plaintiff failed to plead facts establishing bad faith, dishonesty, or exceptional circumstances entitling it to private law damages for breach of public law rights. The particulars of claim do not disclose a cause of action for damages against the defendants. The exceptions are upheld and the particulars of claim are struck out.

Source excerpt

• Exceptions to pleadings
• Cause of action
• Public law remedies
• Private law remedies
• Damages for breach of statutory duty
• Tender law

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