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Namibia decisions
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S v Amupolo (HC-NLD-CRI-APP-SNA 3 of 2022) [2022] NAHCNLD 70 (8 July 2022)
The High Court set aside a section 174 discharge in a criminal appeal, holding that the State had made out a prima facie case on crimen injuria and assault.
Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018) [2022] NAHCMD 80 (1 March 2022)
The High Court dismissed an appeal against two rape convictions and a 20-year sentence, finding the complainant was a credible single witness and the trial court made no misdirection.
Hamutenya v Namboer Dordabis Auctioneers [2020] NAHCMD 366 (21 August 2020)
The High Court found that an addendum to a deed of sale was concluded, preferred the defendants’ witness on credibility, and ordered the plaintiff to pay costs.
Jerzurura v S (HC-MD-CRIMINALI-APP-CAL 58 of 2018) [2019] NAHCMD 124 (29 April 2019)
High Court criminal appeal partly succeeded: rape convictions were set aside for evidential doubt, but the assault conviction was confirmed.
Baumgarten v S (9 of 2016) [2017] NAHCMD 179 (30 June 2017)
The appellant satisfied all requirements for admission of further evidence on appeal. However, due to the original magistrate's prejudicial remarks on the credibility of the new witnesses during bail proceedings, remittal to the same magistrate would be irregular. Therefore, the conviction and sentence are set aside and the matter is to be heard de novo before a different magistrate.
Source excerpt
S v Williem (CA 2 of 2016) [2016] NAHCMD 174 (17 June 2016)
The conviction for attempted rape was not supported by evidence beyond reasonable doubt due to material inconsistencies and contradictions in the complainant's evidence, failure to properly apply the cautionary rule for single witness testimony, and misdirection regarding the burden of proof.
Source excerpt
Johann Manfred Olivier t/a Olias Builders v Defence Force Foundation t/a Mile 4 Caravan Park (2460 of 2010) [2013] NAHCMD 80 (27 March 2013)
A builder’s claim for unpaid work was dismissed after the court found the tender covered the full project and the plaintiff failed to prove a contractual basis for extra payment.
S v Nghitewa (1) (CC 24 of 2010) [2011] NAHC 162 (9 June 2011)
The High Court of Namibia convicted the accused of rape, accepting child eyewitness testimony and medical evidence consistent with vaginal penetration.
S v Hausiku and Others (3) (CC 15 of 2011) [2011] NAHC 161 (8 June 2011)
High Court of Namibia decision refusing a section 174 discharge in a gang-rape trial, finding the complainant’s evidence and corroboration sufficient.
S v Epafras (CA 32 of 2009) [2011] NAHC 42 (18 February 2011)
The High Court of Namibia upheld an appeal against a rape conviction, finding material contradictions in the complainant’s evidence and inadequate corroboration.
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