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Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)
The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.
Angolo v Rosh Pinah Zinc Corporation (Pty) Ltd (HC-MD-LAB-APP-AAA 59 of 2021) [2022] NALCMD 65 (26 October 2022)
Labour appeal dismissed after the court upheld a finding that the employee breached his fiduciary duty by sending false information about his employer to a third party.
De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022) [2022] NAHCMD 456 (2 September 2022)
On appeal in a stock-theft case, the High Court set aside the conviction, substituted a conviction under s 3 of the Stock Theft Act, and reduced the sentence.
Van Wyk v S (HC-MD-CRI-APP-CAL 98 of 2022) [2022] NAHCMD 341 (8 July 2022)
The High Court refused condonation and struck a sentence-only appeal from the roll, holding that a 24-month theft sentence was not shockingly inappropriate.
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.
Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021) [2022] NAHCMD 64 (18 February 2022)
The High Court allowed a criminal appeal, finding gross procedural irregularities in the undefended trial that cumulatively caused a failure of justice.
Shidangi v S (HC-NLD-CRI-APP-CAL 49 of 2020) [2022] NAHCNLD 10 (15 February 2022)
There was no admissible evidence linking the appellant or accused 1 to the cannabis found in the room. The trial court erred by admitting hearsay evidence and equating access to the room with possession of cannabis. The State failed to prove possession and intention to control the cannabis beyond reasonable doubt. The convictions and sentences must be set aside.
Source excerpt
Krucor Investment Holdings (Pty) Ltd t/a Professional Farming v Kwenani (I 4274 of 2013) [2021] NAHCMD 563 (30 November 2021)
The applicant demonstrated reasonable prospects of success on appeal, particularly as the occupational rent awarded was not substantiated by expert evidence. The applicant also established irreparable harm if the stay was refused. The court exercised its discretion to grant the stay pending the Supreme Court's determination of condonation and reinstatement, but ordered the applicant to pay the respondent's costs due to the applicant's own procedural default.
Source excerpt
Hamburee v S (HC-MD-CRI-APP-CAL 75 of 2020) [2021] NAHCMD 147 (7 April 2021)
High Court criminal appeal dismissed: rape convictions and 10-year consecutive sentences were upheld after the court found the complainant’s version more probable.
Hanse v S (HC-MD-CRI-APP-CAL 48 of 2018) [2021] NAHCMD 55 (19 February 2021)
The High Court refused leave to appeal in a murder case, finding no reasonable prospects of success on the conviction grounds.
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