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Namibia decisions
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Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020) [2021] NALCMD 10 (5 March 2021)
The High Court condoned a late labour appeal, extended time to prosecute it, and reinstated the appeal if deemed lapsed after finding good cause and prospects of success.
S v Van Wyk (7) (CA 163 of 2013) [2016] NAHCMD 122 (21 April 2016)
The conviction was supported by credible and corroborated evidence, and no irregularities occurred in the conviction process. However, the magistrate's failure to inform the unrepresented appellant of the specific minimum sentence and the meaning of substantial and compelling circumstances constituted a violation of the right to a fair trial in sentencing, warranting the setting aside of the sentence and a remittal for proper sentencing.
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Executive Properties CC and Another v Oshakati Tower (Pty) Ltd and Another (SA 35 of 2009) [2012] NASC 14 (13 August 2012)
The Supreme Court of Namibia reinstated the appeal, granted condonation, and referred a company-property dispute to oral evidence on shareholder consent and estoppel.
S v Nauyoma (CA 28 of 2009) [2011] NAHC 202 (13 July 2011)
The High Court dismissed an application to condone a late criminal appeal and struck the appeal from the roll, finding no good cause and no evidentiary misdirection.
Namibia Broadcasting Corporation v Haushona (HC-MD-LAB-APP-AAA 72 of 2020; INT-HC-OTH 17 of 2021) [2021] NAHCMD 10 (5 March 2021)
Applicant furnished a full and detailed explanation for the delay, and the appeal enjoys prospects of success based on grounds relating to interpretation of the Disciplinary Code. Prejudice to respondent was mitigated by bank guarantee and monthly payments. Interest of justice outweighs finality.
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