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Namibia decisions
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Gomes v Prosecutor-General of Republic of Namibia and Others (APPEAL 61 of 2012) [2013] NAHCMD 240 (9 August 2013)
The High Court of Namibia struck down the reverse onus phrase in section 7(1) of the General Law Amendment Ordinance as unconstitutional and ordered costs against the State.
Hendricks and Others v Attorney General of Namibia and Others (PA 140 of 2000) [2002] NAHC 4 (20 August 2002)
Section 1(i) of the Act is unconstitutional to the extent it defines 'brothel' to include places used for 'unlawful carnal intercourse' or 'any other lewd or immoral purpose' as this is overbroad and not rationally connected to the Act's objectives. Sections 2(3) and 12(1) and (2) are unconstitutional as they impose reverse onus provisions that violate the presumption of innocence. The remainder of section 2(1) (brothel-keeping for prostitution) and section 10(a) (living on earnings of prostitution) are constitutional as they are reasonable restrictions on economic freedom and not overly broa…
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