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Namibia decisions
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S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 334 (5 July 2022)
Sentencing for rape and abduction of a five-year-old child. The High Court imposed 20 years for rape and 7 years for abduction, with 3 years concurrent.
S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 299 (16 June 2022)
The High Court convicted the accused of rape and abduction, finding forensic and medical evidence proved penile penetration of a five-year-old complainant.
S v Munuma and Others (4) (37 of 2015) [2016] NASC 19 (22 August 2016)
For the seventh appellant, Namibian agents exercised coercive power and performed a sovereign act of arrest on Botswana territory, violating international law and ousting jurisdiction; for the remaining appellants, they were surrendered by Botswana authorities on Namibian soil without solicitation or unlawful conduct by Namibian agents, so jurisdiction was proper.
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S v Kashidule (CC 3 of 2010) [2010] NAHC 106 (24 September 2010)
Sentencing of a 17-year-old convicted of violent and sexual offences, including rape of a 3.5-month-old baby. The court imposed a lengthy custodial term.
S v Teek (1) (SA 44 of 2008) [2009] NASC 5 (28 April 2009)
Namibia Supreme Court set aside a discharge after the State case, holding the trial court misapplied the s 174 test and should have let the charges proceed.
S v Mushwena and Others (SA 4 of 2004) [2004] NASC 2 (21 July 2004)
The majority of the Supreme Court found that, except for Charles Kalipa Samboma, the respondents were brought before the Namibian court through a process that bypassed mandatory extradition and deportation procedures, with active involvement or acquiescence of Namibian authorities, resulting in a breach of the rule of law and the respondents' rights. This tainted the proceedings and required the court to decline jurisdiction over the twelve respondents. In the case of Charles Kalipa Samboma, the evidence showed he voluntarily surrendered and consented to return, so the court retained jurisdic…
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S v Katamba (SA 2 of 1999) [1999] NASC 7 (7 December 1999)
The Supreme Court held that the cautionary rule in sexual cases should no longer be applied in Namibian courts as it is outdated, vague, and unnecessary, and that the High Court misdirected itself by applying the rule and by not properly evaluating the evidence. The accused's version was highly improbable and contradicted by the evidence. The State's appeal succeeded, and the accused was found guilty of rape and abduction.
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