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Criminal law [2022] NALCMD 693

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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Criminal law [2022] NAHCMD 693

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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Criminal law [2022] NASC 45

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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Criminal law [2022] NAHCMD 164

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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Criminal law [2021] NAHCMD 279

Claasen v State (HC-MD-CRI-APP-CAL 110 of 2020)

Claasen v State (HC-MD-CRI-APP-CAL 110 of 2020) [2021] NAHCMD 279 (7 June 2021)

Court
High Court Main Division
Case number
HC-MD-CRI-APP-CAL 110 of 2020

Convicting the appellant of both the predicate offence of corruption and money laundering under section 6(a) and 6(b) of the Prevention of Organised Crime Act constituted an impermissible duplication of convictions, as established in State v Henock. Therefore, the convictions on counts 2 and 3 and the sentence based on all three counts could not stand.

Source excerpt

  • Corruption
  • Money laundering
  • Duplication of convictions
  • Sentencing
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Criminal law [2021] NAHCMD 84

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020)

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020) [2021] NAHCMD 84 (26 February 2021)

Court
High Court Main Division
Case number
HC-MD-CRI-APP-CAL 82 of 2020

High Court bail appeal dismissed after finding a strong prima facie case and that public interest and the administration of justice justified continued detention.

  • Bail
  • Anti-corruption
  • Money laundering
  • Fraud
  • Public interest
  • Administration of justice
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Constitutional law [2018] NAHCMD 174

Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018)

Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018) [2018] NAHCMD 174 (18 June 2018)

Court
High Court Main Division
Case number
107 of 2018

The applicants failed to establish the second requirement for a final interdict, namely that an injury was actually committed or reasonably apprehended. They did not plead or prove factual matter informing the secrecy, sensitivity, or classification of the information, nor did they demonstrate a genuine national security risk. Much of the information was already in the public domain, and the intended publication concerned matters of public interest, including alleged corruption and misuse of public funds. The law cannot be used to cover up potentially unlawful activity. Therefore, the applica…

Source excerpt

  • Freedom of expression
  • Freedom of the press
  • National security
  • Interdicts
  • Corruption
  • Public interest
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Criminal law [2018] NASC 8

New Africa Dimensions CC and Others v Prosecutor-General (SA 22 of 2016)

New Africa Dimensions CC and Others v Prosecutor-General (SA 22 of 2016) [2018] NASC 8 (8 March 2018)

Court
Supreme Court
Case number
SA 22 of 2016

The Supreme Court of Namibia dismissed an appeal against a civil forfeiture order under POCA, holding that the property was proceeds of unlawful activities.

  • Forfeiture of property
  • Proceeds of crime
  • Fraud
  • Corruption
  • Money laundering
  • Tender law
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Criminal law [2015] NAHCMD 180

Binga v S (CA 96 of 2014)

Binga v S (CA 96 of 2014) [2015] NAHCMD 180 (8 May 2015)

Court
High Court Main Division
Case number
CA 96 of 2014

The conviction was based on corroborated evidence from the complainant and another witness, not solely on a single witness. Missing portions of the record did not materially affect the court's ability to consider the merits. The appellant's version was highly improbable, and the magistrate was correct in accepting the State's evidence and rejecting the defence.

Source excerpt

  • Corruption
  • Evidence
  • Appeal procedure
  • Single witness rule
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Constitutional law [2012] NAHC 31

Lameck and Another v President of Republic of Namibia and Others (54 of 2011)

Lameck and Another v President of Republic of Namibia and Others (54 of 2011) [2012] NAHC 31 (20 February 2012)

Court
High Court
Case number
54 of 2011

The dual appointment of Minister of Justice and Attorney-General is not unconstitutional as the Constitution does not prohibit such an arrangement. The challenged POCA provisions are not retrospective in a manner that violates Article 12(3), as they criminalise only post-commencement conduct. Asset forfeiture under POCA is a civil remedy, not a criminal penalty, and does not violate constitutional protections. However, the definition of 'corruptly' in the ACA is unconstitutionally vague and must be struck down.

Source excerpt

  • Separation of powers
  • Retrospective legislation
  • Asset forfeiture
  • Money laundering
  • Corruption
  • Principle of legality
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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.

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