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Namibia Case Law

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Civil procedure [2020] NAHCNLD 109

Van Wyk v Matrix Mining (Pty) Ltd

Van Wyk v Matrix Mining (Pty) Ltd [2020] NAHCNLD 109 (19 August 2020)

The High Court discharged an urgent ex parte rule nisi after finding material non-disclosure, unauthenticated foreign documents, hearsay, and no competent jurisdictional relief.

  • Ex parte applications
  • Urgent applications
  • Attachment to found or confirm jurisdiction
  • Non-disclosure
  • Authentication of foreign documents
  • Hearsay evidence
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Extradition law [2006] NASC 6

S v Koch (1) (SA 13 of 2005)

S v Koch (1) (SA 13 of 2005) [2006] NASC 6 (29 November 2006)

The Supreme Court held that the Extradition Act does not exclude a further appeal to the Supreme Court, and such right exists under the Supreme Court Act and High Court Act. The documents tendered by the State were not properly authenticated as the Apostilles were untranslated and there was no proof Germany was a contracting state to the Convention. The evidence adduced did not constitute a prima facie case for committal on any of the charges, as required by Namibian law. Bail proceedings are separate and do not form part of the enquiry record.

  • Right of appeal
  • Authentication of foreign documents
  • Prima facie evidence
  • Double criminality
  • Specialty principle
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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.