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Namibia Case Law

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Criminal law [2018] NAHCMD 323

Anghuwo v S (CA 58 of 2017)

Anghuwo v S (CA 58 of 2017) [2018] NAHCMD 323 (16 October 2018)

Appeal dismissed in a theft-from-motor-vehicle case where the appellant and co-accused acted in common purpose and were credibly identified.

  • Theft from motor vehicle
  • Common purpose
  • Identification
  • Appeal against conviction and sentence
  • Criminal-law
  • Theft
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Criminal law [2011] NAHC 308

S v Shokongo (2) (CA 26 of 2009)

S v Shokongo (2) (CA 26 of 2009) [2011] NAHC 308 (14 October 2011)

The High Court dismissed a criminal appeal against a rape conviction, upholding the complainant’s identification and rejecting challenges to the evidence and alibi.

  • Rape
  • Appeal
  • Alibi defence
  • Evidence
  • Identification
  • Criminal-law
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Criminal law [2011] NAHC 61

S v Tjikuzu (3) (CC 31 of 2008)

S v Tjikuzu (3) (CC 31 of 2008) [2011] NAHC 61 (1 March 2011)

Namibian High Court acquitted the accused of kidnapping and rape charges, but convicted him on an alternative charge involving a sexual act with a child under 16.

  • Rape
  • Kidnapping
  • Sexual offences
  • Evidence
  • Identification
  • Consent
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Criminal law [2010] NAHC 112

S v Sebulelo and Others

S v Sebulelo and Others (CRIMINAL 43 of 2010) [2010] NAHC 112 (28 September 2010)

High Court special review in a stock theft matter: convictions of accused 2 and 3 were set aside, and accused 1’s conviction was reduced from 24 to 2 small stock.

  • Stock theft
  • Evidence
  • Hearsay
  • Alibi
  • Identification
  • Criminal-law
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Criminal law [2004] NASC 4

S v Narib (2) (SA 5 of 2003)

S v Narib (2) (SA 5 of 2003) [2004] NASC 4 (29 October 2004)

The appellant's confessions and admissions to police officers were admissible and corroborated by other evidence. The trial court was justified in accepting the testimony of the police and rejecting the appellant's denial. The evidence, including circumstantial evidence and probabilities, proved the appellant's guilt beyond reasonable doubt. The trial court did not err in convicting the appellant.

  • Murder
  • Robbery
  • Confession
  • Admissibility of evidence
  • Identification
  • Burden of proof
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Criminal law [1995] NAHC 2

DTA of Namibia v Prime Minister of the Republic of Namibia and Others (APPEAL 18 of 1995)

DTA of Namibia v Prime Minister of the Republic of Namibia and Others (APPEAL 18 of 1995) [1995] NAHC 2 (13 March 1995)

The magistrate correctly assessed the evidence, properly cautioned himself regarding the complainant's condition and single witness status, and relied on corroboration from other witnesses. The sentence was not inappropriate given the circumstances and precedent.

  • Rape
  • Appeals
  • Sentencing
  • Single witness evidence
  • Identification
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Criminal law [1994] NAHC 8

S v Haggai and Others (117 of 1993)

S v Haggai and Others (117 of 1993) [1994] NAHC 8 (2 June 1994)

High Court of Namibia judgment on common purpose and identification in a group attack, resulting in mixed convictions and acquittals across eight accused.

  • Common purpose
  • Identification
  • Murder
  • Attempted murder
  • Assault with intent to cause grievous bodily harm
  • Common-purpose
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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.