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Constitutional law [2022] NAHCMD 659

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021)

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021) [2022] NAHCMD 659 (6 December 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV 315 of 2021

The phrase 'but is not limited to' in section 2(2) of the Combatting of Rape Act 8 of 2000 is not vague or unconstitutional; it is designedly broad to address the diverse and unpredictable forms of coercive circumstances in rape cases. The applicant was provided with sufficient particulars and disclosure to prepare a defence, and procedural safeguards exist to prevent arbitrary prosecution. The applicant lacks standing to challenge section 2(2)(c) as he was not charged under that provision.

Source excerpt

  • Vagueness doctrine
  • Fair trial rights
  • Statutory interpretation
  • Sexual offences
  • Locus standi
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Criminal law [2022] NASC 1

S v Koch (SA 3 of 2019)

S v Koch (SA 3 of 2019) [2022] NASC 1 (14 February 2022)

Court
Supreme Court
Case number
SA 3 of 2019

The Supreme Court of Namibia upheld an acquittal on rape charges but increased sentence for child trafficking and related convictions.

  • Child trafficking
  • Rape
  • Sexual offences
  • Sentencing
  • Evidence assessment
  • Criminal-law
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Criminal law [2021] NAHCMD 152

State v Madjiet (CC 26 of 2018)

State v Madjiet (CC 26 of 2018) [2021] NAHCMD 152 (8 April 2021)

Court
High Court Main Division
Case number
CC 26 of 2018

The High Court of Namibia granted the State’s application for special arrangements for a complainant deemed a vulnerable witness under section 158A.

  • Vulnerable witnesses
  • Special arrangements for witnesses
  • Closed circuit television testimony
  • Sexual offences
  • Witness protection
  • Vulnerable-witnesses
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Criminal law [2021] NAHCNLD 16

S v Sindano (HC-NLD-CRI-APP-SNA 13 of 2020)

S v Sindano (HC-NLD-CRI-APP-SNA 13 of 2020) [2021] NAHCNLD 16 (26 February 2021)

Court
Northern Local Division
Case number
HC-NLD-CRI-APP-SNA 13 of 2020

State appeal against acquittal in a sexual offence case was upheld after the High Court found the magistrate misapplied the abolished cautionary rule and misread the evidence.

  • Rape
  • Domestic violence
  • Appeals
  • Evidentiary rules
  • Sexual offences
  • Admissibility of electronic evidence
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Criminal law [2021] NAHCMD 5

S v Van Wyk and Another (CC 17 of 2019)

S v Van Wyk and Another (CC 17 of 2019) [2021] NAHCMD 5 (4 February 2021)

Court
High Court Main Division
Case number
CC 17 of 2019

There is insufficient evidence to constitute a prima facie case against accused 1 for counts 1, 3, 6, and 7, and against accused 2 for all counts. Accused 1 is placed on his defence for count 2 due to sufficient evidence from State witnesses.

Source excerpt

  • Application for discharge
  • Prima facie case
  • Sexual offences
  • Assault
  • Theft
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Criminal law [2017] NAHCMD 237

Litebele v S (110 of 2016)

Litebele v S (110 of 2016) [2017] NAHCMD 237 (23 August 2017)

Court
High Court Main Division
Case number
110 of 2016

The High Court dismissed a rape conviction appeal, finding the complainant’s evidence corroborated by other witnesses. The 16-year sentence was upheld.

  • Rape
  • Sexual offences
  • Appeal against conviction
  • Appeal against sentence
  • Minimum sentencing
  • Criminal-appeal
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Criminal law [2016] NASC 21

S v Mtshibe (3) (90 of 2014)

S v Mtshibe (3) (90 of 2014) [2016] NASC 21 (22 August 2016)

Court
Supreme Court
Case number
90 of 2014

The Supreme Court of Namibia set aside an acquittal on rape, convicted the respondent on count 2, and adjusted concurrent sentencing on related rape counts.

  • Rape
  • Sexual offences
  • Sentencing
  • Appeals
  • Acquittal
  • Concurrent sentences
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Criminal law [2016] NAHCMD 124

S v Gowaseb (5) (CA 29 of 2015)

S v Gowaseb (5) (CA 29 of 2015) [2016] NAHCMD 124 (21 April 2016)

Court
High Court Main Division
Case number
CA 29 of 2015

The High Court dismissed a rape appeal, upholding a 18-year sentence and finding no acceptable explanation for the late filing of the notice of appeal.

  • Rape
  • Sexual offences
  • Appeal
  • Sentence
  • Condonation for late filing
  • Criminal-law
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Criminal law [2011] NAHC 305

S v Herero and Another (CA 59 of 2010)

S v Herero and Another (CA 59 of 2010) [2011] NAHC 305 (30 September 2011)

Court
High Court
Case number
CA 59 of 2010

The High Court of Namibia refused condonation for a late appeal because, although the delay was explained, the appellants showed no reasonable prospects of success.

  • Condonation
  • Late filing of appeal
  • Prospects of success
  • Sexual offences
  • Late-filing-of-appeal
  • Prospects-of-success
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Criminal law [2011] NAHC 131

S v Tjikuzu (4) (CC 31 of 2008)

S v Tjikuzu (4) (CC 31 of 2008) [2011] NAHC 131 (18 May 2011)

Court
High Court
Case number
CC 31 of 2008

The High Court of Namibia sentenced a first-time offender convicted of a sexual act with a child under 16 to a fine, with part suspended, or imprisonment.

  • Sexual offences
  • Sentencing
  • Offences against children
  • Criminal-law
  • Sexual-offences
  • Offences-against-children
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.