Namibia Case Law

Kamwi v Prosecutor–General of Namibia and Another (2) (HC-MD-CIV-MOT-GEN 434 of 2019)

Kamwi v Prosecutor–General of Namibia and Another (2) (HC-MD-CIV-MOT-GEN 434 of 2019) [2021] NAHCMD 222 (7 May 2021)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 434 of 2019

The applicant failed to prove that the withdrawal of charges was final or that exceptional circumstances existed to justify a permanent stay. Section 6(a) of the Criminal Procedure Act allows for reinstatement of charges unless the statutory limitation period has expired. No irreparable trial prejudice or unreasonable delay was established.

Source excerpt

• Permanent stay of prosecution
• Withdrawal and reinstatement of charges
• Fair trial rights

Read case analysis

Prosecutor-General v Namoloh and Others.

Prosecutor-General v Namoloh and Others. [2020] NASC 18 (19 August 2020)

Court

Supreme Court

Once charges are withdrawn under s 6(a) of the Criminal Procedure Act, the person is no longer an accused as contemplated by Article 12(1)(b) of the Namibian Constitution; therefore, the High Court was not competent to grant a permanent stay of prosecution as there were no extant charges to stay.

Source excerpt

• Permanent stay of prosecution
• Unreasonable delay
• Right to fair trial
• Status of accused after withdrawal of charges

Read case analysis

Prosecutor-General v Namoloh & Others (SA 4 of 2019)

Prosecutor-General v Namoloh & Others (SA 4 of 2019) [2020] NASC 41 (19 August 2020)

Court

Supreme Court

Case number

SA 4 of 2019

Once charges are withdrawn under s 6(a) of the Criminal Procedure Act, the person is no longer an accused as contemplated by Article 12(1)(b) of the Constitution, and there are no extant charges to stay; therefore, the High Court was not competent to grant a permanent stay of prosecution.

Source excerpt

• Permanent stay of prosecution
• Unreasonable delay
• Right to fair trial
• Status of accused after withdrawal of charges

Read case analysis

Namoloh v Prosecutor-General of Namibia and Others (HC-MD-CIV-MOT-GEN 404 of 2017)

Namoloh v Prosecutor-General of Namibia and Others (HC-MD-CIV-MOT-GEN 404 of 2017) [2019] NAHCMD 65 (29 January 2019)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 404 of 2017

The applicant proved that the trial had not taken place within a reasonable time and that exceptional circumstances existed due to the prosecution's inexplicable failure to recommence proceedings, justifying a permanent stay of prosecution under Article 12(1)(b) of the Constitution.

Source excerpt

• Right to fair trial
• Permanent stay of prosecution
• Unreasonable delay
• Exceptional circumstances

Read case analysis

S v Munuma and Others (4) (37 of 2015)

S v Munuma and Others (4) (37 of 2015) [2016] NASC 19 (22 August 2016)

Court

Supreme Court

Case number

37 of 2015

For the seventh appellant, Namibian agents exercised coercive power and performed a sovereign act of arrest on Botswana territory, violating international law and ousting jurisdiction; for the remaining appellants, they were surrendered by Botswana authorities on Namibian soil without solicitation or unlawful conduct by Namibian agents, so jurisdiction was proper.

Source excerpt

• Jurisdiction
• Extradition
• Abduction
• International comity
• Refugee law
• Immigration law

Read case analysis

S v Myburgh (SA 21 of 2001)

S v Myburgh (SA 21 of 2001) [2002] NASC 16 (14 October 2002)

Court

Supreme Court

Case number

SA 21 of 2001

The appellant failed to prove trial-related prejudice or exceptional circumstances warranting a permanent stay of prosecution; the trial court erred only in not considering the cumulative effect of sentences on counts 6 and 7, which should be taken together for sentencing.

Source excerpt

• Permanent stay of prosecution
• Fair trial
• Sentencing
• Interpretation of constitutional remedies

Read case analysis

Malama-Kean v Magistrate of the District of Oshakati NO and Another (SA 4 of 2002)

Malama-Kean v Magistrate of the District of Oshakati NO and Another (SA 4 of 2002) [2002] NASC 15 (14 October 2002)

Court

Supreme Court

Case number

SA 4 of 2002

The Supreme Court of Namibia declined a permanent stay for delay under Article 12(1)(b), but granted limited relief by adjusting bail conditions and ordering the case to proceed.

• Right to fair trial
• Reasonable time for trial
• Bail conditions
• Permanent stay of prosecution
• Judicial discretion
• Prejudice to accused

Read case analysis

Muller and Another v Prosecutor-General (APPEAL 267 of 1999)

Muller and Another v Prosecutor-General (APPEAL 267 of 1999) [2000] NAHC 32 (14 December 2000)

Court

High Court

Case number

APPEAL 267 of 1999

Release of an accused under Article 12(1)(b) of the Namibian Constitution for failure to have a trial within a reasonable time does not constitute a permanent stay of prosecution; it only means release from arrest or bail, not acquittal or immunity from future prosecution.

Source excerpt

• Permanent stay of prosecution
• Right to fair trial
• Interpretation of constitutional provisions
• Declaratory orders
• Jurisdiction of high court

Read case analysis

Visser v Minister of Finance and Others (2) (SA 89 of 2014)

Visser v Minister of Finance and Others (2) (SA 89 of 2014) [2017] NASC 10 (6 April 2017)

Court

Supreme Court

Case number

SA 89 of 2014

The Supreme Court of Namibia has the constitutional and inherent jurisdiction under Article 81 to reverse its own prior decision in exceptional circumstances to prevent manifest injustice. Mr Likanyi was denied equality before the law as his case was factually identical to that of Mr Mubuyaeta, who received a permanent stay of prosecution due to unlawful removal from Botswana by Namibian authorities. The prior decision in S v Mushwena and Others misapplied the legal principles to Mr Likanyi’s facts, resulting in an indefensible injustice. The State failed to prove the High Court had jurisdict…

Source excerpt

• Res judicata
• Jurisdiction
• Equality before the law
• Inherent jurisdiction of apex court
• International delinquency
• Extradition and deportation

Read case analysis