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Namibia Case Law

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Criminal law [2016] NASC 17

Kamahere and Others v Government of Republic of Namibia and Others (2) (64 of 2014)

Kamahere and Others v Government of Republic of Namibia and Others (2) (64 of 2014) [2016] NASC 17 (19 August 2016)

Court
Supreme Court
Case number
64 of 2014

Offenders sentenced to life imprisonment under the Prisons Act 8 of 1959 retain the right to be considered for parole after serving 10 years, as provided by Prison Service Order 43.7.4.7, because this right accrued under the law applicable at the time of sentencing and was not extinguished by the repeal of the Act. The 2012 Act does not retrospectively extinguish this right. Mandamus relief is not time barred as the failure to consider parole eligibility is a continuing wrong.

Source excerpt

  • Parole eligibility
  • Life imprisonment
  • Retrospective application of law
  • Subordinate legislation
  • Prisoners' rights
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Criminal law [1998] NAHC 6

S v Katjivari (2 of 1997)

S v Katjivari (2 of 1997) [1998] NAHC 6 (18 May 1998)

Court
High Court
Case number
2 of 1997

A sentence of life imprisonment was not warranted as the murder was committed in a fit of anger, the appellant was a first offender, and there was no evidence of premeditation or risk of repetition. The trial court misdirected itself by failing to properly weigh these mitigating factors.

Source excerpt

  • Sentencing
  • Murder
  • Life imprisonment
  • Mitigating circumstances
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Date unavailable
Criminal law [2013] NAHCMD 383

Davey (118 of 2012)

Davey (118 of 2012) [2013] NAHCMD 383 (6 November 2013)

Court
High Court Main Division
Case number
118 of 2012

The application is stayed because the central issue—the validity of the 1986 parole policy—is already pending before another court in a case involving the same parties and cause of action. The requirements for lis pendens are satisfied, and it is pragmatic and just to await the outcome of the prior proceedings.

Source excerpt

  • Parole eligibility
  • Lis pendens
  • Life imprisonment
  • Judicial review
  • Prisoner rights
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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.

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