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Namibia decisions
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S v Tiboth (CR 130 of 2022) [2022] NAHCMD 645 (28 November 2022)
The High Court of Namibia set aside a theft conviction and sentence because the matter was wrongly dealt with under section 112(1)(a) of the CPA.
S v Kuzatjike (CR 41 of 2022) [2022] NAHCNLD 86 (8 September 2022)
The magistrate failed to establish through questioning that the accused's faculties or driving skills were impaired by alcohol, thus not all elements of the offence were admitted or proven. The conviction and sentence on count 1 must be set aside.
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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.
S v Mateus and Others (CR 16 of 2022) [2022] NAHCNLD 39 (19 April 2022)
The High Court set aside 13 magistrates’ court convictions under Covid-19 regulations because the charges were defective and the guilty pleas were uninformed.
Shanghala and Others v S (CC 6 of 2021) [2022] NAHCMD 164 (1 April 2022)
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.
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S v Ismael (CR 14 of 2022) [2022] NAHCNLD 22 (17 March 2022)
The High Court confirmed a cannabis conviction on amended particulars but set aside a nine-month sentence, replacing it with two months’ imprisonment.
S v Mandume (CR 8 of 2022) [2022] NAHCMD 46 (11 February 2022)
On review, the High Court set aside a criminal conviction and sentence because the charge sheet did not properly disclose an offence under the Immigration Control Act.
S v Dambudzo (CRIMINAL 40 of 2021) [2021] NAHCMD 240 (18 May 2021)
The charge was fatally defective as it lacked an essential averment required by section 12(4) of the Immigration Control Act, namely that the accused had been refused entry into Namibia. The proceedings were not in accordance with justice and could not be cured by amending the statutory label.
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S v Oubiteb (CRIMINAL 36 of 2021) [2021] NAHCMD 219 (10 May 2021)
The failure to inform the unrepresented accused of his right to legal representation and to record such explanation taints the conviction, rendering the proceedings not in accordance with justice.
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S v Mwilima (CRIMINAL 38 of 2021) [2021] NAHCMD 221 (10 May 2021)
The High Court confirmed a conviction for assault by threat and amended a vague suspended sentence condition to make it clear and specific.
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