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Namibia Case Law

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Criminal-law [2022] NAHCMD 330

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022)

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)

High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.

  • Bail
  • Appeal
  • Prima-facie-case
  • Previous-convictions
  • Public-interest
  • Administration-of-justice
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Criminal-law [2021] NAHCNLD 32

Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020)

Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020) [2021] NAHCNLD 32 (26 March 2021)

High Court bail appeal dismissed after the court found no misdirection in the magistrate’s refusal of bail under section 61.

  • Bail
  • Refusal-of-bail
  • Public-interest
  • Onus-of-proof
  • Magistrate's-discretion
  • Bail-appeal
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Criminal-law [2021] NAHCMD 84

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020)

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020) [2021] NAHCMD 84 (26 February 2021)

High Court bail appeal dismissed after finding a strong prima facie case and that public interest and the administration of justice justified continued detention.

  • Bail
  • Anti-corruption
  • Money-laundering
  • Fraud
  • Public-interest
  • Administration-of-justice
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Criminal-law [2020] NAHCMD 299

Ardnt v S

Ardnt v S [2020] NAHCMD 299 (17 July 2020)

The High Court refused bail, finding the State had a strong prima facie case, a risk of absconding, and that release would not serve the public interest.

  • Bail
  • Murder
  • Robbery
  • Rape
  • Public-interest
  • Absconding
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Criminal-law [2019] NAHCMD 12

Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018)

Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018) [2019] NAHCMD 12 (5 February 2019)

The High Court dismissed a bail appeal in a drug-trafficking case, holding that the magistrate was not clearly wrong and could rely on public interest concerns.

  • Bail
  • Drug-offences
  • Judicial-discretion
  • Public-interest
  • Presumption-of-innocence
  • Criminal-procedure
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Criminal-law [2018] NAHCMD 128

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

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

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
  • Criminal-procedure
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Criminal-law [2016] NAHCMD 175

S v Miguel and Others (CA 11 of 2016)

S v Miguel and Others (CA 11 of 2016) [2016] NAHCMD 175 (20 June 2016)

Appeal against refusal of bail dismissed. The High Court found the appellants failed to show they were not a flight risk and the irregularity was not fundamental.

  • Bail
  • Flight-risk
  • Jurisdiction
  • Irregularity
  • Public-interest
  • Administration-of-justice
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Delict [2016] NAHCMD 12

Bednarek & Others v Hannam & Another (2615 of 2013)

Bednarek & Others v Hannam & Another (2615 of 2013) [2016] NAHCMD 12 (3 February 2016)

High Court defamation ruling on absolution from the instance: granted for an email-based claim, but refused for alleged defamatory remarks by the second defendant.

  • Defamation
  • Absolution-from-the-instance
  • Privilege
  • Fair-comment
  • Truthfulness
  • Public-interest
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Criminal-law [2011] NAHC 238

S v Ross (CA 29 of 2011)

S v Ross (CA 29 of 2011) [2011] NAHC 238 (9 August 2011)

Appeal against refusal of bail dismissed in a stock theft matter. The court held that public interest and the appellant’s re-arrest on similar allegations justified continued detention.

  • Bail-application
  • Stock-theft
  • Public-interest
  • Health-of-accused
  • Bail
  • Criminal-procedure
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Criminal-law [2010] NAHC 135

S v Pienaar (1) (CA 30 of 2010)

S v Pienaar (1) (CA 30 of 2010) [2010] NAHC 135 (5 October 2010)

High Court bail appeal held the magistrate misdirected himself on absconding and granted bail with strict reporting, passport, and non-contact conditions.

  • Bail
  • Fraud
  • Judicial-discretion
  • Constitutional-rights
  • Absconding
  • Public-interest
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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.