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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S v Bumes (CC 1 of 2020)

S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

Court

Northern Local Division

Case number

CC 1 of 2020

Bail on new facts was refused where the applicants’ changed circumstances were not truly new or were insufficient to displace the earlier refusal.

• Bail
• New facts in bail applications
• Wildlife crime
• Possession of firearms
• Possession of controlled wildlife products
• Theft

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Awaseb v S (Bail Application Ruling) (8 of 2017)

Awaseb v S (Bail Application Ruling) (8 of 2017) [2018] NAHCMD 128 (16 May 2018)

Court

High Court Main Division

Case number

8 of 2017

High Court bail ruling holding that completed investigation, health complaints, fixed address, and financial hardship did not justify release on new facts.

• Bail
• New facts in bail applications
• Public interest
• Administration of justice
• New-facts-in-bail-applications
• Criminal-procedure

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Matali v S (17 of 2016)

Matali v S (17 of 2016) [2017] NAHCMD 295 (17 October 2017)

Court

High Court Main Division

Case number

17 of 2016

The High Court of Namibia dismissed a renewed bail application on new facts, holding that the alleged fresh evidence did not outweigh the seriousness of the charges and flight risk.

• Bail
• New facts in bail applications
• Flight risk
• Serious offences
• New-facts
• Flight-risk

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Lupalwezi v S (5 of 2016)

Lupalwezi v S (5 of 2016) [2017] NAHCNLD 93 (19 September 2017)

Court

Northern Local Division

Case number

5 of 2016

The facts presented by the applicants were not new or relevant to the issue of bail, as they either had been considered in the first application or did not address a change in circumstances justifying release. The public interest and administration of justice continue to require that the applicants remain in custody given the seriousness of the charges.

Source excerpt

• Bail
• New facts in bail applications
• Detention conditions
• Duty of care to detainees

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S v Tjapa (1) (Ruling on bail application) (CC 9 of 2011)

S v Tjapa (1) (Ruling on bail application) (CC 9 of 2011) [2011] NAHC 201 (13 July 2011)

Court

High Court

Case number

CC 9 of 2011

No new facts were placed before the court as the death of the applicant's son and the offer to pay bail with conditions had already been considered or are standard in bail proceedings. Therefore, the application for bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Robbery with aggravating circumstances
• Attempted murder
• Firearm offences

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