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Namibia decisions
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S v Bashala (CC 30 of 2018) [2022] NAHCMD 366 (26 July 2022)
The High Court convicted Abigail Bashala on migrant smuggling counts 13, 14 and 15, finding she facilitated illegal entry for financial benefit. She was acquitted on counts 1, 2 and 3.
S v Munuma and Others (4) (37 of 2015) [2016] NASC 19 (22 August 2016)
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.
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S v Mushwena and Others (SA 4 of 2004) [2004] NASC 2 (21 July 2004)
The majority of the Supreme Court found that, except for Charles Kalipa Samboma, the respondents were brought before the Namibian court through a process that bypassed mandatory extradition and deportation procedures, with active involvement or acquiescence of Namibian authorities, resulting in a breach of the rule of law and the respondents' rights. This tainted the proceedings and required the court to decline jurisdiction over the twelve respondents. In the case of Charles Kalipa Samboma, the evidence showed he voluntarily surrendered and consented to return, so the court retained jurisdic…
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