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Namibia Case Law

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Criminal procedure [2022] NAHCMD 174

S v Mbangu and Others (CR 24 of 2022)

S v Mbangu and Others (CR 24 of 2022) [2022] NAHCMD 174 (5 April 2022)

Court
High Court Main Division
Case number
CR 24 of 2022

Convictions and sentences cannot be confirmed where material portions of the court record are missing and cannot be properly reconstructed in accordance with established procedures, especially where the accused have already served their sentences and the reviewing court cannot certify that the proceedings were in accordance with justice.

Source excerpt

  • Court record reconstruction
  • Automatic review
  • Failure of justice
  • Administrative duties of magistrate and clerk
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Criminal law [1999] NAHC 7

S v Somses (CA 51 of 1998)

S v Somses (CA 51 of 1998) [1999] NAHC 7 (2 August 1999)

Court
High Court
Case number
CA 51 of 1998

The conviction under the inapplicable South African statute was invalid. The requirements for statutory perjury under the applicable Namibian law were not fully admitted by the respondent, as the statements differed and were not properly put to her. There was a failure to admit all elements of the charge, and the magistrate should have entered a plea of not guilty and allowed the prosecution to prove its case.

Source excerpt

  • Perjury
  • Statutory interpretation
  • Amendment of charge
  • Failure of justice
  • Prejudice to accused
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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.

Source links and collection timestamps are retained alongside the indexed records.