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Namibia decisions
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S v Muzamu (CR 131 of 2022) [2022] NAHCMD 648 (30 November 2022)
High Court review in a criminal matter confirmed the conviction and sentence, but set aside the magistrate’s declaration that the accused was a prohibited immigrant.
Ngwarati v Chief of Immigration (HC-MD-CIV-MOT-GEN 397 of 2022) [2022] NAHCMD 640 (23 November 2022)
The applicant was compelled to litigate due to the respondents' inaction regarding his work permit renewal. The urgent application achieved its purpose as the respondents only acted after litigation commenced. The respondents' argument that there was no trigger event is irrational given the applicant's prolonged lack of income and uncertainty. Therefore, the respondents are liable for the applicant's costs, but not on a punitive scale.
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S v Conrad & Another (114 of 2022) [2022] NAHCMD 574 (21 October 2022)
On judicial review, the High Court confirmed accused 1’s conviction but set aside accused 2’s conviction and sentence because he was convicted on a withdrawn charge.
S v Rachael; S v Rumbidzai; S v Ndimanguluke (CR 51 of 2022) [2022] NAHCNLD 100 (29 September 2022)
Automatic review of three criminal matters confirmed the convictions but amended defective suspended sentences to make the conditions clear and lawful.
S v Bashala (CC 30 of 2018) [2022] NAHCMD 465 (8 September 2022)
Sentencing judgment for smuggling of immigrants. The court held that the seriousness of the offences and the victims’ vulnerability outweighed mitigation, and imposed custodial sentences.
S v Takatadza (CR 37 of 2022) [2022] NAHCNLD 84 (7 September 2022)
On automatic review, the High Court set aside a conviction and sentence where the record showed no recorded plea or verdict and the charge was unclear.
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.
S v Silungwe (CR 27 of 2022) [2022] NAHCNLD 68 (4 July 2022)
The conviction and sentence were set aside due to gross procedural irregularity; the accused was not properly informed of his rights regarding admissions, and the record did not reflect voluntary change of plea or proper warnings.
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S v Dudzai (CR 30 of 2022) [2022] NAHCNLD 65 (27 June 2022)
On automatic review, the High Court confirmed the conviction for overstaying a visitor’s permit but reduced the fine as disproportionate.
S v Tyali (CR 28 of 2022) [2022] NAHCNLD 62 (16 June 2022)
On review, the High Court confirmed a conviction for illegal entry but amended the suspended sentence to make the suspension condition narrower and properly tied to the offence.
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