Namibia Case Law

National Fishing Corporation (Pty) Ltd v African Selection Fishing (Namibia) (Pty) Ltd & Others (HC-MD-CIV-ACT-OTH- 1143 of 2021)

National Fishing Corporation (Pty) Ltd v African Selection Fishing (Namibia) (Pty) Ltd & Others (HC-MD-CIV-ACT-OTH- 1143 of 2021) [2022] NAHCMD 580 (21 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 1143 of 2021

Applicant failed to establish interests of justice or good reason for non-attendance; Mr de Klerk is a fugitive from justice; technical and administrative details for video link were not provided; allowing evidence via video link would aid flight from justice and prejudice court's ability to enforce its orders.

Source excerpt

• Video link evidence
• Access to justice
• Fair trial
• Inherent jurisdiction
• Case management

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S v Shimwefeleni (CR 72 of 2022)

S v Shimwefeleni (CR 72 of 2022) [2022] NAHCMD 350 (18 July 2022)

Court

High Court Main Division

Case number

CR 72 of 2022

On automatic review, the High Court set aside a theft conviction and sentence because the charge omitted intention and the magistrate failed to establish intent.

• Theft
• Fair trial
• Elements of crime
• Intention
• Criminal-law
• Fair-trial

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S v Uwukhaeb (CR 24 of 2022)

S v Uwukhaeb (CR 24 of 2022) [2022] NAHCNLD 49 (29 April 2022)

Court

Northern Local Division

Case number

CR 24 of 2022

High Court review of a 16-year-old’s conviction and sentence for housebreaking and theft. Conviction confirmed, but sentence set aside for fresh sentencing with a pre-sentence report.

• Housebreaking with intent to steal and theft
• Rights of child offenders
• Fair trial
• Role of guardian in criminal proceedings
• Pre-sentence reports
• Juvenile-justice

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S v Vathingila (CR 21 of 2022)

S v Vathingila (CR 21 of 2022) [2022] NAHCNLD 46 (26 April 2022)

Court

Northern Local Division

Case number

CR 21 of 2022

On automatic review, the High Court set aside convictions and sentences because the accused’s legal aid application was not properly addressed and the record was defective.

• Right to legal aid
• Fair trial
• Record keeping
• Remittal of proceedings
• Criminal-review
• Legal-aid

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Moussa v Amwaama and Others (HC-MD-CIV-ACT-OTH- 1922 of 2018)

Moussa v Amwaama and Others (HC-MD-CIV-ACT-OTH- 1922 of 2018) [2022] NAHCMD 205 (21 April 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 1922 of 2018

The High Court granted condonation and leave for a plaintiff to file an alternative expert report after the original expert became medically unfit to testify.

• Condonation
• Expert evidence
• Fair trial
• Malicious prosecution
• Damages
• Expert-evidence

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S v Gotlieb and Others (CC 19 of 2017)

S v Gotlieb and Others (CC 19 of 2017) [2022] NAHCMD 92 (7 March 2022)

Court

High Court Main Division

Case number

CC 19 of 2017

The High Court held that identification parade evidence was inadmissible because the accused’s right to apply for legal aid was not documented and not proved to have been properly explained.

• Right to legal representation
• Identification parade
• Legal aid
• Fair trial
• Right-to-legal-representation
• Legal-aid

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Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021)

Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021) [2022] NAHCMD 64 (18 February 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 60 of 2021

The High Court allowed a criminal appeal, finding gross procedural irregularities in the undefended trial that cumulatively caused a failure of justice.

• Appeal
• Conviction
• Sentence
• Procedural irregularities
• Fair trial
• Review

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S v Oubiteb

S v Oubiteb (CRIMINAL 36 of 2021) [2021] NAHCMD 219 (10 May 2021)

Court

High Court Main Division

Case number

CRIMINAL 36 of 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.

Source excerpt

• Right to legal representation
• Criminal procedure
• Fair trial

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S v Haraseb (4)

S v Haraseb (4) (CRIMINAL 34 of 2021) [2021] NAHCMD 217 (10 May 2021)

Court

High Court Main Division

Case number

CRIMINAL 34 of 2021

On review, the High Court set aside a conviction and sentence after finding the record unclear, procedurally irregular, and insufficient to show a fair trial.

• Housebreaking
• Theft
• Right to legal representation
• Record keeping
• Fair trial
• Irregularities in proceedings

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S v Chimoso

S v Chimoso (CRIMINAL 1314 of 2020) [2021] NAHCMD 37 (11 February 2021)

Court

High Court Main Division

Case number

CRIMINAL 1314 of 2020

The conviction and sentence were set aside because the accused was not afforded his constitutional right to legal representation as previously elected, and the charge sheet was defective, lacking sufficient particulars to inform the accused of the nature of the charge, resulting in a miscarriage of justice.

Source excerpt

• Right to legal representation
• Fair trial
• Defective charge sheet
• Immigration offences

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