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Namibia Case Law

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Criminal law [2022] NAHCMD 616

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

  • Bail
  • Rape
  • Combating of domestic violence
  • Judicial discretion
  • Onus of proof
  • Bail-appeal
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Criminal law [2022] NAHCMD 619

S v Van der Westhuizen and Another (CR 121 of 2022)

S v Van der Westhuizen and Another (CR 121 of 2022) [2022] NAHCMD 619 (14 November 2022)

The High Court confirmed the convictions but amended the sentences, finding the magistrate’s suspended sentence conditions too vague and the treatment of the first offender unfair.

  • Sentencing
  • Suspended sentence
  • Escape from lawful custody
  • Judicial discretion
  • Criminal-law
  • Suspended-sentence
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Constitutional law [2022] NAHCMD 510

Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021)

Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021) [2022] NAHCMD 510 (14 October 2022)

By majority, the court held that although the words 'in the interest of the public or the administration of justice' in s 61 are not easy to interpret, Namibian jurisprudence has provided sufficient guidelines for their application. The limitation imposed by s 61 is reasonable and justifiable in the circumstances, given the legislative objective to address serious crime. The discretion conferred on the court is not unfettered and is subject to judicial oversight and appeal. Therefore, s 61 is not unconstitutional for vagueness, and the application is dismissed. The dissent found the provision…

  • Bail
  • Vagueness doctrine
  • Judicial discretion
  • Limitation of rights
  • Separation of powers
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Criminal law [2022] NAHCMD 285

S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022)

S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022) [2022] NAHCMD 285 (10 June 2022)

The High Court set aside guilty plea convictions for suspected stolen stock, holding that section 112(1)(a) was wrongly used for a non-minor offence.

  • Guilty plea
  • Stock theft
  • Application of section 112(1)(a) and (b)
  • Minor offences
  • Judicial discretion
  • Criminal-procedure
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Criminal law [2022] NAHCMD 259

S v Gustavo (CC 6 of 2021; CC 7 of 2021)

S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)

The High Court refused the State leave to appeal against the grant of bail to Ricardo Jorge Gustavo, finding no reasonable prospect of a different outcome.

  • Bail
  • Leave to appeal
  • Judicial discretion
  • Leave-to-appeal
  • Judicial-discretion
  • Criminal-procedure
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Civil procedure [2021] NAHCMD 314

Heritage Health Medical Aid Fund v Registrar of Medical Aids and Ohers (HC-MD-CIV-MOT-REV 411 of 2019)

Heritage Health Medical Aid Fund v Registrar of Medical Aids and Ohers (HC-MD-CIV-MOT-REV 411 of 2019) [2021] NAHCMD 314 (2 July 2021)

The High Court reviewed a taxation allocatur, finding the taxing officer’s reasons unclear and some bill items duplicated. The allocatur was set aside and remitted.

  • Taxation of costs
  • Review of taxation
  • Judicial discretion
  • Taxation-of-costs
  • Review-of-taxation
  • Judicial-discretion
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Criminal law [2021] NAHCMD 225

State v Jona

State v Jona (CRIMINAL 39 of 2021) [2021] NAHCMD 225 (12 May 2021)

The magistrate misdirected himself by treating indecent assault in a domestic violence context as a minor offence and convicting under section 112(1)(a) of the CPA; the discretion was not exercised judiciously given the seriousness and violation of dignity involved.

  • Guilty plea
  • Judicial discretion
  • Indecent assault
  • Domestic violence
  • Sentencing
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Criminal law [2021] NAHCMD 249

S v Kennedy and Another (CC 1 of 2018)

S v Kennedy and Another (CC 1 of 2018) [2021] NAHCMD 249 (15 April 2021)

The High Court granted the State’s application for two vulnerable witnesses to testify from another room via closed-circuit television in a criminal trial.

  • Vulnerable witnesses
  • Testimony by closed circuit television
  • Judicial discretion
  • Vulnerable-witnesses
  • Closed-circuit-television-testimony
  • Criminal-procedure
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Criminal law [2021] NAHCMD 136

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020)

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020) [2021] NAHCMD 136 (29 March 2021)

High Court bail appeal dismissed after finding the appellant was untruthful about his residence and had not shown he was a suitable candidate for bail.

  • Bail
  • Refugee status
  • Rape
  • Indecent assault
  • Judicial discretion
  • Appeal procedure
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Criminal law [2021] NAHCMD 79

Paulus v S (HC-MD-CRI-APP-CAL 111 of 2020)

Paulus v S (HC-MD-CRI-APP-CAL 111 of 2020) [2021] NAHCMD 79 (26 February 2021)

High Court appeal against refusal of bail dismissed. The court held the magistrate did not exercise her discretion wrongly, given the prima facie case, seriousness of the charges, and pending similar matters.

  • Bail
  • Fraud
  • Money laundering
  • Judicial discretion
  • Covid-19 procedures
  • Criminal-procedure
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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.