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NWR (Pty) Ltd v Ingplan Consulting Engineers and Project Managers Pty Ltd and Another (SA 55 of 2017) [2019] NASC 584 (12 July 2019)
The Supreme Court of Namibia dismissed an appeal about an arbitration clause, holding that the dispute belonged to arbitration and that NWR had acquiesced to that process.
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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Government of the Republic of Namibia and Another v Cultura 2000 and Another (SA 2 of 1992) [1993] NASC 1 (15 October 1993)
Section 2(1) of the State Repudiation (Cultura 2000) Act 32 of 1991 is constitutional because it merely reverses the legal fiction created by Article 140(3) of the Constitution, attributing pre-independence acts to the new Namibian government, and does not itself expropriate property or violate constitutional rights. Section 2(1) is severable from the remainder of the Act, which was not the subject of the appeal.
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