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Namibia Case Law

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Criminal law [2022] NASC 44

Hatuikulipi v Gustavo (15 of 2022)

Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 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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Criminal law [2022] NAHCNLD 48

S v Ndawedwa (CR 23 of 2022)

S v Ndawedwa (CR 23 of 2022) [2022] NAHCNLD 48 (28 April 2022)

On automatic review, the High Court confirmed the main convictions but corrected an incompetent contempt sentence to match the statutory maximum.

  • Contempt of court
  • Sentencing
  • Review of magistrate's decision
  • Contempt-of-court
  • Criminal-review
  • Magistrates-court-act
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Criminal law [2021] NASC 42

S v Thambapilai and Others (SA 5 of 2019)

S v Thambapilai and Others (SA 5 of 2019) [2021] NASC 42 (15 October 2021)

Namibia Supreme Court criminal appeal over MVAF fraud claims, setting aside acquittals on several counts and remitting the matter for sentencing.

  • Fraud
  • Theft
  • Forgery
  • Uttering
  • Attempting to defeat the course of justice
  • Theft by conversion
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Criminal law [2021] NAHCMD 40

Heyman v S (HC-MD-CRI-APP-CAL 54 of 2019)

Heyman v S (HC-MD-CRI-APP-CAL 54 of 2019) [2021] NAHCMD 40 (12 February 2021)

The appellant's letter did not contain any grounds of appeal as required by the rules, and being a lay litigant does not exempt him from compliance. Without grounds of appeal, the court cannot entertain or adjudicate the matter.

  • Appeal procedure
  • Grounds of appeal
  • Traffic offences
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Criminal law [2011] NASC 9

S v Masake and Others (SA 13 of 2010)

S v Masake and Others (SA 13 of 2010) [2011] NASC 9 (22 August 2011)

The Supreme Court of Namibia struck the State’s appeal off the roll as premature, holding that the challenge to admissibility of statements was interlocutory.

  • Admissibility of evidence
  • Right to legal aid
  • Interlocutory appeals
  • Piecemeal appeals
  • Criminal-procedure
  • Interlocutory-appeals
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Criminal law [2011] NAHC 20

S v Samaria (1760 of 2010)

S v Samaria (1760 of 2010) [2011] NAHC 20 (8 February 2011)

High Court review setting aside a magistrate’s summary contempt conviction against a prosecutor for alleged misconduct during proceedings.

  • Contempt in facie curiae
  • Summary proceedings
  • Jurisdiction of magistrate's court
  • Contempt-of-court
  • Summary-proceedings
  • Magistrates-court-jurisdiction
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Criminal law [2007] NAHC 135

S v Edward (1)

S v Edward (1) (CRIMINAL 150 of 2007) [2007] NAHC 135 (10 October 2007)

The High Court of Namibia set aside convictions for failure to appear and contempt of court after finding major procedural defects and unfairness.

  • Failure to appear
  • Contempt of court
  • Judicial procedure
  • Rights of accused
  • Contempt-of-court
  • Failure-to-appear
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Criminal law [2007] NAHC 78

S v Shikesho (1)

S v Shikesho (1) (CRIMINAL 143 of 2007) [2007] NAHC 78 (28 September 2007)

The High Court set aside a summary contempt conviction after finding the accused was intoxicated and unable to understand the proceedings.

  • Contempt of court
  • Accused's capacity to stand trial
  • Summary proceedings
  • Malicious damage to property
  • Ill treatment of animals
  • Contempt-of-court
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Criminal law [2004] NASC 1

S v Rooi (1) (Appeal Judgment) (SA 17 of 2003)

S v Rooi (1) (Appeal Judgment) (SA 17 of 2003) [2004] NASC 1 (1 April 2004)

The Supreme Court struck the appeal from the roll because no leave to appeal against sentence had first been sought and considered by the High Court.

  • Appeals
  • Leave to appeal
  • Jurisdiction
  • Criminal-appeals
  • Leave-to-appeal
  • Appellate-jurisdiction
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Criminal law [2002] NASC 3

S v Monday (SA 8 of 2001)

S v Monday (SA 8 of 2001) [2002] NASC 3 (21 February 2002)

The Supreme Court of Namibia set aside a rape conviction after finding cumulative unfairness in representation, cross-examination, and trial management.

  • Right to fair trial
  • Legal representation
  • Child witness
  • Rape
  • Corroboration
  • Medical evidence
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.