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Namibia Case Law

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Criminal law [2022] NAHCMD 330

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022)

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)

High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.

  • Bail
  • Appeal
  • Prima facie case
  • Previous convictions
  • Public interest
  • Administration of justice
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Criminal law [2021] NAHCMD 84

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020)

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020) [2021] NAHCMD 84 (26 February 2021)

High Court bail appeal dismissed after finding a strong prima facie case and that public interest and the administration of justice justified continued detention.

  • Bail
  • Anti-corruption
  • Money laundering
  • Fraud
  • Public interest
  • Administration of justice
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Criminal law [2018] NAHCMD 399

Barnard v S (2) (CC 5 of 2013)

Barnard v S (2) (CC 5 of 2013) [2018] NAHCMD 399 (6 December 2018)

The applicant failed to show on a balance of probabilities that his admission to bail would not frustrate the due administration of justice or public interest, given the seriousness of the offence, risk of abscondment, and the need to maintain public confidence in the administration of justice. The interests of justice require that the applicant prosecutes the appeal while in custody.

  • Bail pending appeal
  • Murder
  • Domestic violence
  • Flight risk
  • Public interest
  • Administration of justice
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Criminal law [2018] NAHCMD 128

Awaseb v S (Bail Application Ruling) (8 of 2017)

Awaseb v S (Bail Application Ruling) (8 of 2017) [2018] NAHCMD 128 (16 May 2018)

High Court bail ruling holding that completed investigation, health complaints, fixed address, and financial hardship did not justify release on new facts.

  • Bail
  • New facts in bail applications
  • Public interest
  • Administration of justice
  • New-facts-in-bail-applications
  • Criminal-procedure
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Criminal law [2016] NAHCMD 175

S v Miguel and Others (CA 11 of 2016)

S v Miguel and Others (CA 11 of 2016) [2016] NAHCMD 175 (20 June 2016)

Appeal against refusal of bail dismissed. The High Court found the appellants failed to show they were not a flight risk and the irregularity was not fundamental.

  • Bail
  • Flight risk
  • Jurisdiction
  • Irregularity
  • Public interest
  • Administration of justice
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Criminal law [2011] NAHC 223

S v Kumar Stanis (CC 28 of 2009)

S v Kumar Stanis (CC 28 of 2009) [2011] NAHC 223 (26 July 2011)

The applicant is a foreign national with no substantial ties to Namibia, faces serious charges, and is a flight risk. The interests of justice and the public would not be served by granting bail. Application for bail is refused.

  • Bail application
  • Flight risk
  • Foreign accused
  • Administration of justice
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Criminal law [2007] NAHC 22

S v Gaseb (1) (157 of 2006)

S v Gaseb (1) (157 of 2006) [2007] NAHC 22 (11 May 2007)

High Court appeal against refusal of bail dismissed. The court held the magistrate had not wrongly exercised discretion under the Criminal Procedure Act.

  • Bail
  • Judicial discretion
  • Public interest
  • Administration of justice
  • Serious offences
  • Criminal-procedure
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Criminal law [1994] NAHC 9

S v Jafet (CA 48 of 1994)

S v Jafet (CA 48 of 1994) [1994] NAHC 9 (29 August 1994)

High Court appeal against refusal of bail dismissed. The court held amended section 61 of the Criminal Procedure Act gives a wide discretion to refuse bail where the interests of the public or justice so require.

  • Bail
  • Judicial discretion
  • Administration of justice
  • Criminal-procedure
  • Judicial-discretion
  • Administration-of-justice
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