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Namibia Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Criminal-law [2022] NAHCMD 680

Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022)

Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)

The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.

  • Sentencing
  • Appeal
  • Escaping-from-lawful-custody
  • Criminal-sentencing
  • Criminal-appeal
  • Escape-from-lawful-custody
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Labour-law [2022] NALCMD 65

Angolo v Rosh Pinah Zinc Corporation (Pty) Ltd (HC-MD-LAB-APP-AAA 59 of 2021)

Angolo v Rosh Pinah Zinc Corporation (Pty) Ltd (HC-MD-LAB-APP-AAA 59 of 2021) [2022] NALCMD 65 (26 October 2022)

Labour appeal dismissed after the court upheld a finding that the employee breached his fiduciary duty by sending false information about his employer to a third party.

  • Dismissal
  • Fiduciary-duty
  • Misconduct
  • Internal-disciplinary-proceedings
  • Arbitration
  • Appeal-procedure
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Criminal-law [2022] NAHCMD 456

De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022)

De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022) [2022] NAHCMD 456 (2 September 2022)

On appeal in a stock-theft case, the High Court set aside the conviction, substituted a conviction under s 3 of the Stock Theft Act, and reduced the sentence.

  • Stock-theft
  • Criminal-procedure
  • Appeal
  • Evidence
  • Sentencing
  • Criminal-law
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Criminal-law [2022] NAHCMD 341

Van Wyk v S (HC-MD-CRI-APP-CAL 98 of 2022)

Van Wyk v S (HC-MD-CRI-APP-CAL 98 of 2022) [2022] NAHCMD 341 (8 July 2022)

The High Court refused condonation and struck a sentence-only appeal from the roll, holding that a 24-month theft sentence was not shockingly inappropriate.

  • Theft
  • Sentencing
  • Appeal
  • Condonation
  • Criminal-appeal
  • Criminal-procedure
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Criminal-law [2022] NAHCMD 330

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022)

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)

High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.

  • Bail
  • Appeal
  • Prima-facie-case
  • Previous-convictions
  • Public-interest
  • Administration-of-justice
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Criminal-law [2022] NAHCMD 64

Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021)

Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021) [2022] NAHCMD 64 (18 February 2022)

The High Court allowed a criminal appeal, finding gross procedural irregularities in the undefended trial that cumulatively caused a failure of justice.

  • Appeal
  • Conviction
  • Sentence
  • Procedural-irregularities
  • Fair-trial
  • Review
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Criminal-law [2021] NAHCMD 147

Hamburee v S (HC-MD-CRI-APP-CAL 75 of 2020)

Hamburee v S (HC-MD-CRI-APP-CAL 75 of 2020) [2021] NAHCMD 147 (7 April 2021)

High Court criminal appeal dismissed: rape convictions and 10-year consecutive sentences were upheld after the court found the complainant’s version more probable.

  • Rape
  • Sentencing
  • Appeal
  • Evidence
  • Consent
  • Criminal-appeal
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Criminal-law [2021] NAHCMD 55

Hanse v S (HC-MD-CRI-APP-CAL 48 of 2018)

Hanse v S (HC-MD-CRI-APP-CAL 48 of 2018) [2021] NAHCMD 55 (19 February 2021)

The High Court refused leave to appeal in a murder case, finding no reasonable prospects of success on the conviction grounds.

  • Murder
  • Appeal
  • Leave-to-appeal
  • Conviction
  • Sentence
  • Criminal-procedure
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Criminal-law [2021] NAHCMD 42

S v Shikongo (HC-MD-CRI-APP-CAL 18 of 2020)

S v Shikongo (HC-MD-CRI-APP-CAL 18 of 2020) [2021] NAHCMD 42 (15 February 2021)

The High Court of Namibia granted condonation, upheld a criminal appeal, and set aside a stock theft conviction and four-year sentence.

  • Stock-theft
  • Appeal
  • Condonation
  • Common-purpose
  • Evidence-assessment
  • Criminal-law
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Criminal-law [2020] NAHCMD 472

Tsuseb v S (94 of 2019)

Tsuseb v S (94 of 2019) [2020] NAHCMD 472 (19 October 2020)

The High Court refused condonation for a late criminal appeal against sentence and struck the matter from the roll, finding no reasonable explanation or prospects of success.

  • Appeal
  • Condonation
  • Sentencing
  • Youthful-offenders
  • Mitigating-factors
  • Criminal-appeal
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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.