Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Namibia decisions
Decisions matching the current search
Hatuikulipi v Gustavo (15 of 2022) [2022] NASC 44 (6 December 2022)
The Supreme Court of Namibia refused the State’s late condonation attempt and allowed three co-accused to intervene in a pending petition over judicial recusal.
Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021) [2022] NAHCMD 659 (6 December 2022)
The phrase 'but is not limited to' in section 2(2) of the Combatting of Rape Act 8 of 2000 is not vague or unconstitutional; it is designedly broad to address the diverse and unpredictable forms of coercive circumstances in rape cases. The applicant was provided with sufficient particulars and disclosure to prepare a defence, and procedural safeguards exist to prevent arbitrary prosecution. The applicant lacks standing to challenge section 2(2)(c) as he was not charged under that provision.
Source excerpt
Shoprite Namibia (Pty) Ltd v Namibia Food and Allied Workers Union and Others (SA 1 of 2021; SCR 1 of 2021) [2022] NASC 15 (26 April 2022)
The Labour Court had jurisdiction to grant urgent interim relief as a dispute was pending under chapter 8 of the Labour Act. Section 76(3) must be interpreted strictly; Shoprite did not require (compel) non-striking, seasonal, or managerial employees to perform the work of striking employees, and the Union failed to establish a breach of s 76(3) or the strike rules. The contempt proceedings before the Labour Court were not irregular; Shoprite was afforded an adequate opportunity to answer the allegations but elected not to do so. The appeal is upheld, the Labour Court's orders are set aside,…
Source excerpt
S v Mateus and Others (CR 16 of 2022) [2022] NAHCNLD 39 (19 April 2022)
The High Court set aside 13 magistrates’ court convictions under Covid-19 regulations because the charges were defective and the guilty pleas were uninformed.
Gariseb v Reimann (HC-MD-CIV-ACT-OTH 3904 of 2020) [2021] NAHCMD 533 (16 November 2021)
High Court ruling upholds prescription pleas and dismisses a damages claim arising from arrest, vehicle impoundment, and later execution proceedings.
Teek v Minister of Safety and Security and Others (2) (HC-MD-CIV-ACT-DEL 1427 of 2019) [2021] NAHCMD 348 (30 July 2021)
Plaintiff failed to adduce admissible evidence to support allegations of unlawful conduct, malice, or damages; reliance on criminal trial evidence and judgments is inadmissible; no evidence before court upon which a reasonable court could find for plaintiff.
Source excerpt
Kamwi v Prosecutor–General of Namibia and Another (2) (HC-MD-CIV-MOT-GEN 434 of 2019) [2021] NAHCMD 222 (7 May 2021)
The applicant failed to prove that the withdrawal of charges was final or that exceptional circumstances existed to justify a permanent stay. Section 6(a) of the Criminal Procedure Act allows for reinstatement of charges unless the statutory limitation period has expired. No irreparable trial prejudice or unreasonable delay was established.
Source excerpt
State v Gawanab (CC 31 of 2019) [2021] NAHCMD 176 (21 April 2021)
The High Court ordered photographs of the accused’s bodily features under s 37(3)(a), finding the step lawful and not self-incriminating.
S v Ncamushe (1) (CC 10 of 2017) [2021] NAHCNLD 33 (31 March 2021)
High Court convicted the accused of murder with direct intent, upheld circumstantial evidence, and ruled a police warning statement inadmissible under section 217.
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.
Source excerpt
Explore more
