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Namibia Case Law

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Criminal law [2021] NAHCMD 125

S v Munuma and Others (7) (CC 3 of 2004)

S v Munuma and Others (7) (CC 3 of 2004) [2021] NAHCMD 125 (24 March 2021)

There is sufficient evidence before the court to establish a prima facie case against the accused on all charges except for the count of murder. The application for discharge under s 174 is dismissed except for the murder charge, as the State failed to establish a prima facie case for murder against accused 1 and 2.

  • High treason
  • Sedition
  • Public violence
  • Arms and ammunition offences
  • Immigration offences
  • Jurisdiction
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Criminal law [2005] NAHC 39

S v Munuma and Others (1) (CC 3 of 2004)

S v Munuma and Others (1) (CC 3 of 2004) [2005] NAHC 39 (25 October 2005)

The accused were lawfully brought before the court as the evidence showed that the Botswana authorities independently decided to deport them and merely informed the Namibian authorities, who received them at the border. There was no evidence of Namibian involvement or connivance in the deportation process. The clean hands doctrine was not violated, and the court has jurisdiction to try the accused.

  • Jurisdiction
  • Extradition
  • Deportation
  • High treason
  • Sedition
  • Public violence
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Constitutional law [2005] NASC 3

Dresselhaus Transport CC v Government of the Republic of Namibia (SA 20 of 2003)

Dresselhaus Transport CC v Government of the Republic of Namibia (SA 20 of 2003) [2005] NASC 3 (11 May 2005)

Supreme Court of Namibia appeal about police liability after looting at an accident scene. The court held the police owed a duty to protect the cargo and awarded damages.

  • Police liability
  • Duty of care
  • State liability
  • Negligence
  • Property protection
  • Public violence
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