Namibia Case Law

Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Court

Labour Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NAHCMD 693 (27 December 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not change the basis on which bail was initially refused. The State has established a strong prima facie case, and the seriousness of the offences, public interest, and administration of justice justify continued detention. The new facts do not establish a new perspective impacting the old facts; bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Thambapilai and Others v S (CC 36 of 2008)

Thambapilai and Others v S (CC 36 of 2008) [2022] NAHCMD 388 (4 August 2022)

Court

High Court Main Division

Case number

CC 36 of 2008

The applicants failed to demonstrate reasonable prospects of success on appeal. The sentencing court considered personal circumstances and applied relevant legal principles. The sentences imposed were within judicial discretion and not so severe as to warrant interference.

Source excerpt

• Sentencing
• Leave to appeal
• Fraud
• Forgery
• Theft by conversion
• Obstruction of justice

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S v Nghihalwa and Others (CC 3 of 2020)

S v Nghihalwa and Others (CC 3 of 2020) [2022] NAHCMD 276 (2 June 2022)

Court

High Court Main Division

Case number

CC 3 of 2020

The High Court struck an application for leave to appeal from the roll because it failed to state proper grounds or show reasonable prospects of success.

• Leave to appeal
• Recusal of judge
• Fraud
• Money laundering
• Criminal-procedure
• Leave-to-appeal

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S v Dias and Another (CC 14 of 2011)

S v Dias and Another (CC 14 of 2011) [2022] NAHCMD 191 (14 April 2022)

Court

High Court Main Division

Case number

CC 14 of 2011

Given the accused's prior punishment, rehabilitation, health, and partial compensation to the complainant, a sentence with an option of a fine and suspended imprisonment is appropriate. Further incarceration would do more harm than good and is not justified by the facts.

Source excerpt

• Fraud
• Theft
• Sentencing
• Employer-employee trust
• Suspended sentence

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S v Hango (CR 28 of 2022)

S v Hango (CR 28 of 2022) [2022] NAHCMD 182 (11 April 2022)

Court

High Court Main Division

Case number

CR 28 of 2022

The evidence necessary to establish uttering was the same as that required to prove fraud; thus, convicting on both amounts to duplication. Only the more serious offence (fraud) should stand.

Source excerpt

• Fraud
• Forgery
• Uttering
• Duplication of convictions

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Shanghala and Others v S (CC 6 of 2021)

Shanghala and Others v S (CC 6 of 2021) [2022] NAHCMD 164 (1 April 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicants failed to discharge the onus to show that the interests of justice require their release on bail. The seriousness of the charges, the strength of the State's case, the risk of interference with evidence and witnesses, and the public interest outweigh the applicants' personal circumstances and constitutional arguments. The court is not satisfied that their continued detention is unconstitutional or unlawful, and the administration of justice would be prejudiced by their release.

Source excerpt

• Bail
• Corruption
• Money laundering
• Fraud
• Constitutional rights
• Criminal procedure

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South African Airways Soc Limited v Camm and Others (HC-MD-CIV-ACT-DEL- 2479 of 2016)

South African Airways Soc Limited v Camm and Others (HC-MD-CIV-ACT-DEL- 2479 of 2016) [2022] NAHCMD 103 (10 March 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL- 2479 of 2016

High Court of Namibia held Joseph Brinkmann jointly liable for fraudulent baggage-claim invoices and authorized a pension deduction under section 37D.

• Fraud
• Theft
• Damages
• Joint liability
• Handwriting evidence
• Pension deduction

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S v Thambapilai and Others (SA 5 of 2019)

S v Thambapilai and Others (SA 5 of 2019) [2021] NASC 42 (15 October 2021)

Court

Supreme Court

Case number

SA 5 of 2019

Namibia Supreme Court criminal appeal over MVAF fraud claims, setting aside acquittals on several counts and remitting the matter for sentencing.

• Fraud
• Theft
• Forgery
• Uttering
• Attempting to defeat the course of justice
• Theft by conversion

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Murandi v Kamuzeri (HC-MD-CIV-ACT-OTH- 4833 of 2020)

Murandi v Kamuzeri (HC-MD-CIV-ACT-OTH- 4833 of 2020) [2021] NAHCMD 467 (7 October 2021)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 4833 of 2020

The High Court held that the plaintiff failed to prove fraud or misrepresentation and dismissed his eviction claim, ordering transfer of the property to the defendant.

• Eviction
• Fraud
• Misrepresentation
• Sale of property
• Transfer of property
• Property-transfer

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