Namibia Case Law

Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021)

Vincent & Tiffany Construction CC v Deputy Governor of the Bank of Namibia (HC-MD-CIV-MOT-GEN 312 of 2021) [2022] NAHCMD 655 (2 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 312 of 2021

The Deputy Governor of the Bank of Namibia lacked authority, power, capacity, competence and jurisdiction to issue the Notice and Order of Forfeiture on 5 July 2021; the Notice and Order are invalid and set aside. Regulations 22A and 22B are applicable and valid in Namibia, but the forfeiture decision was not lawfully made.

Source excerpt

• Exchange control
• Delegation of authority
• Forfeiture of funds
• Applicability of foreign regulations
• Constitutional consistency

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Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017)

Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017) [2022] NAHCMD 627 (7 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 172 of 2017

The High Court dismissed an application to release funds from a Bank Windhoek account, citing delay, a later related action, and possible forfeiture under exchange control rules.

• Exchange control
• Forfeiture of funds
• Judicial review
• Delay in litigation
• Exchange-control
• Judicial-review

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Prosecutor-General v Paulo and Another (2) (POCA 13 of 2015)

Prosecutor-General v Paulo and Another (2) (POCA 13 of 2015) [2021] NAHCMD 112 (17 March 2021)

Court

High Court Main Division

Case number

POCA 13 of 2015

The applicant failed to prove on a balance of probabilities that the respondents committed the alleged offences or that the properties were proceeds of unlawful activities. While fraud was established in relation to documents submitted to the Ministry of Home Affairs, there was no causal connection between that fraud and the properties. The requirements for forfeiture under POCA were not met.

Source excerpt

• Proceeds of unlawful activities
• Money laundering
• Exchange control
• Immigration law
• Fraud
• Burden of proof

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