Namibia Case Law

Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Court

Labour Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NAHCMD 693 (27 December 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not change the basis on which bail was initially refused. The State has established a strong prima facie case, and the seriousness of the offences, public interest, and administration of justice justify continued detention. The new facts do not establish a new perspective impacting the old facts; bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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S v Gustavo (SA 58 of 2022)

S v Gustavo (SA 58 of 2022) [2022] NASC 45 (2 December 2022)

Court

Supreme Court

Case number

SA 58 of 2022

The High Court misdirected itself by failing to properly assess the impact of the new facts advanced by the respondent, by relying on an unenforceable and unspecified GPS monitoring condition, and by not giving due weight to the seriousness of the charges, the strength of the State's case, and the public interest. The discretion to grant bail was exercised on wrong principles and must be set aside.

Source excerpt

• Bail
• Discretion of court
• Public interest
• Economic crimes
• Corruption
• Racketeering

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S v Bumes (CC 1 of 2020)

S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

Court

Northern Local Division

Case number

CC 1 of 2020

Bail on new facts was refused where the applicants’ changed circumstances were not truly new or were insufficient to displace the earlier refusal.

• Bail
• New facts in bail applications
• Wildlife crime
• Possession of firearms
• Possession of controlled wildlife products
• Theft

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Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 72 of 2022

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

• Bail
• Rape
• Combating of domestic violence
• Judicial discretion
• Onus of proof
• Bail-appeal

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Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021)

Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021) [2022] NAHCMD 510 (14 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 343 of 2021

By majority, the court held that although the words 'in the interest of the public or the administration of justice' in s 61 are not easy to interpret, Namibian jurisprudence has provided sufficient guidelines for their application. The limitation imposed by s 61 is reasonable and justifiable in the circumstances, given the legislative objective to address serious crime. The discretion conferred on the court is not unfettered and is subject to judicial oversight and appeal. Therefore, s 61 is not unconstitutional for vagueness, and the application is dismissed. The dissent found the provision…

Source excerpt

• Bail
• Vagueness doctrine
• Judicial discretion
• Limitation of rights
• Separation of powers

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Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022)

Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022) [2022] NAHCMD 498 (23 September 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 62 of 2022

The High Court allowed a bail appeal, holding the magistrate wrongly refused to hear evidence on alleged new facts before ruling on the application.

• Bail
• New facts
• Procedural fairness
• Audi alteram partem
• New-facts
• Procedural-fairness

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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)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 32 of 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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S v Gustavo (CC 6 of 2021; CC 7 of 2021)

S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)

Court

High Court Main Division

Case number

CC 6 of 2021 ; CC 7 of 2021

The High Court refused the State leave to appeal against the grant of bail to Ricardo Jorge Gustavo, finding no reasonable prospect of a different outcome.

• Bail
• Leave to appeal
• Judicial discretion
• Leave-to-appeal
• Judicial-discretion
• Criminal-procedure

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Shanghala and Others v S (CC 6 of 2021)

Shanghala and Others v S (CC 6 of 2021) [2022] NAHCMD 164 (1 April 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicants failed to discharge the onus to show that the interests of justice require their release on bail. The seriousness of the charges, the strength of the State's case, the risk of interference with evidence and witnesses, and the public interest outweigh the applicants' personal circumstances and constitutional arguments. The court is not satisfied that their continued detention is unconstitutional or unlawful, and the administration of justice would be prejudiced by their release.

Source excerpt

• Bail
• Corruption
• Money laundering
• Fraud
• Constitutional rights
• Criminal procedure

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