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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