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Namibia Case Law

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Criminal law [2022] NAHCNLD 130

S v Amunyela (CC 13 of 2020)

S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)

The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.

  • Murder
  • Circumstantial evidence
  • Domestic violence
  • Burden of proof
  • Admissibility of evidence
  • Circumstantial-evidence
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Tort [2022] NAHCMD 629

Tjiriange v Minister of Safety and Security (HC-MD-CIV-ACT-DEL- 5034 of 2019)

Tjiriange v Minister of Safety and Security (HC-MD-CIV-ACT-DEL- 5034 of 2019) [2022] NAHCMD 629 (11 November 2022)

The High Court of Namibia dismissed a prisoner's delict claim for assault, finding he did not prove on a balance of probabilities that the alleged assault occurred.

  • Assault
  • Damages
  • Official capacity liability
  • Civil-delict
  • Correctional-services
  • Evidence
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Criminal law [2022] NAHCMD 473

S v Maasdorp (CC 5 of 2021)

S v Maasdorp (CC 5 of 2021) [2022] NAHCMD 473 (9 September 2022)

The High Court dismissed a section 174 discharge application in a murder and justice-obstruction matter, finding the State led evidence that could support conviction.

  • Murder
  • Domestic violence
  • Defeating or obstructing the course of justice
  • Application for discharge under section 174
  • Evidentiary threshold at close of state's case
  • Criminal-procedure
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Criminal law [2022] NAHCMD 456

De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022)

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.

  • Stock theft
  • Criminal procedure
  • Appeal
  • Evidence
  • Sentencing
  • Criminal-law
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Criminal law [2022] NASC 1

S v Koch (SA 3 of 2019)

S v Koch (SA 3 of 2019) [2022] NASC 1 (14 February 2022)

The Supreme Court of Namibia upheld an acquittal on rape charges but increased sentence for child trafficking and related convictions.

  • Child trafficking
  • Rape
  • Sexual offences
  • Sentencing
  • Evidence assessment
  • Criminal-law
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Criminal law [2021] NAHCMD 162

S v Van Wyk and Another (3) (CC 17 of 2019)

S v Van Wyk and Another (3) (CC 17 of 2019) [2021] NAHCMD 162 (16 April 2021)

The High Court convicted the accused of rape after circumstantial and eyewitness evidence showed penetration and coercive circumstances, despite the complainant’s absence.

  • Rape
  • Inferential reasoning
  • Evidence
  • Coercive circumstances
  • Burden of proof
  • Circumstantial-evidence
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Criminal law [2021] NAHCMD 147

Hamburee v S (HC-MD-CRI-APP-CAL 75 of 2020)

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.

  • Rape
  • Sentencing
  • Appeal
  • Evidence
  • Consent
  • Criminal-appeal
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Labour law [2019] NALCMD 7

Transnamib Holding Limited v Nakambonde and Another (HC-MD-LAB-APP-AAA 24 of 2017)

Transnamib Holding Limited v Nakambonde and Another (HC-MD-LAB-APP-AAA 24 of 2017) [2019] NALCMD 7 (28 February 2019)

The Labour Court refused condonation for a late statement of opposition and upheld Transnamib’s appeal, setting aside an arbitration award on unfair dismissal.

  • Unfair dismissal
  • Condonation for late filing
  • Labour arbitration
  • Standard of proof in labour matters
  • Labour-law
  • Unfair-dismissal
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Delict [2017] NAHCMD 277

Awases v Smith (1272 of 2016)

Awases v Smith (1272 of 2016) [2017] NAHCMD 277 (5 October 2017)

High Court motor vehicle collision trial finding defendant negligent where his vehicle crossed into the plaintiff’s lane. Claim granted, counterclaim dismissed.

  • Motor vehicle collision
  • Negligence
  • Damages
  • Standard of care
  • Evidence
  • Counterclaim
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Evidence [2017] NAHCMD 144

Van Wyk v Terence Lind t/a Auto Exec (1697 of 2015)

Van Wyk v Terence Lind t/a Auto Exec (1697 of 2015) [2017] NAHCMD 144 (17 May 2017)

The High Court held that lay opinion evidence may be received on market value or replacement value, and dismissed the defendant’s objection.

  • Opinion evidence
  • Lay opinion
  • Expert evidence
  • Market value
  • Replacement value
  • Evidence
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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.