Namibia Case Law

Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188)

Xinfeng Investments (Pty) Ltd v Minister of Mines and Energy and Others (HC-MD-CIV-MOT-REV-2023/00188) [2023] NAHCMD 356 (27 June 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2023/00188

The Minister proved prima facie that the applicant committed fraud in the licence application process, but lacked statutory or implied authority to revoke the licence without approaching a court for appropriate relief; the functus officio doctrine and the extended Oudekraal principle require judicial intervention for revocation, even in cases of fraud; the applicant established a prima facie right to interim relief as the Minister's revocation was ultra vires, and all other requirements for an interim interdict were met.

Source excerpt

• Functus officio
• Interim interdicts
• Fraud in administrative process
• Judicial review
• Doctrine of oudekraal
• Separation of powers

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Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005)

Uundjondjo v Medical and Dental Council of Namibia (HC-MD-CIV-APP-ATL-2022/00005) [2023] NAHCMD 210 (20 April 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-APP-ATL-2022/00005

The appeal committee's decision was a nullity as it was not properly constituted in law, failed to comply with statutory requirements for decision-making, and violated the functus officio principle by issuing two judgments. The Executive Committee was empowered to act between Council meetings, but the removal of the appellant's name from the register was procedurally improper. The matter must be remitted to a differently constituted appeal committee for a fresh hearing.

Source excerpt

• Functus officio
• Composition of statutory tribunals
• Procedural fairness
• Extension of internship
• Removal from professional register

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Likoro v S (SA 19 of 2018)

Likoro v S (SA 19 of 2018) [2022] NASC 10 (12 April 2022)

Court

Supreme Court

Case number

SA 19 of 2018

The Supreme Court reviewed and set aside a High Court order granting leave to appeal, finding it a grave irregularity that offended functus officio and res judicata.

• Condonation
• Functus officio
• Res judicata
• Jurisdiction
• Irregularity in proceedings
• Functus-officio

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Witbooi and Others v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 225 of 2019)

Witbooi and Others v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 225 of 2019) [2022] NAHCMD 172 (5 April 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 225 of 2019

The Minister's decision was unlawful because the application for designation was made by the wrong body (Traditional Authority instead of Traditional Council), the Minister abdicated his discretion to the Attorney-General, and the Minister was functus officio. Further, the customary law applied was discriminatory and in conflict with the Constitution, rendering the decision invalid.

Source excerpt

• Equality before the law
• Freedom from discrimination
• Review of administrative action
• Traditional authorities act
• Customary law succession
• Functus officio

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Masiye v Chairperson of the Zambezi Communal Land Board and Others (HC-MD-CIV-MOT-REV 326 of 2020)

Masiye v Chairperson of the Zambezi Communal Land Board and Others (HC-MD-CIV-MOT-REV 326 of 2020) [2022] NAHCMD 173 (5 April 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 326 of 2020

The High Court set aside a communal land board’s attempt to revisit a ratified customary land allocation, holding it had become functus officio.

• Customary land rights
• Functus officio
• Eviction
• Ratification of land rights
• Review of administrative decisions
• Customary-land-rights

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Musweu v The Chairperson of the Appeal Tribunal and Others (HC-MD-CIV-MOT-REV 400 of 2017)

Musweu v The Chairperson of the Appeal Tribunal and Others (HC-MD-CIV-MOT-REV 400 of 2017) [2022] NAHCMD 169 (5 April 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 400 of 2017

The High Court dismissed a review of an Appeal Tribunal decision over communal land at Nansefu, finding no ultra vires action, no functus officio, and no hearing breach.

• Ultra vires
• Functus officio
• Right to be heard
• Customary land rights
• Judicial review
• Judicial-review

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S v Dentlinger (SCR 1 of 2022)

S v Dentlinger (SCR 1 of 2022) [2022] NASC 9 (25 March 2022)

Court

Supreme Court

Case number

SCR 1 of 2022

The Supreme Court corrected a High Court sentencing order after finding it had no power to antedate a substituted sentence where no part of the original sentence had been served.

• Sentencing
• Review jurisdiction
• Antedating of sentences
• Functus officio
• Criminal-sentencing
• Appellate-review

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Namibia Financial Exchange (Pty) Ltd v The Chief Executive Officer of the Namibia Financial Institutions Supervisory Authority and Registrar of Stock Exchanges and Others (HC-MD-CIV-MOT-GEN 233 of 2016)

Namibia Financial Exchange (Pty) Ltd v The Chief Executive Officer of the Namibia Financial Institutions Supervisory Authority and Registrar of Stock Exchanges and Others (HC-MD-CIV-MOT-GEN 233 of 2016) [2022] NAHCMD 93 (7 March 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 233 of 2016

The application was dismissed because the applicant delayed unreasonably in instituting proceedings after the final decision of 9 September 2014, failed to provide a satisfactory explanation for the delay, and the delay was prejudicial to the respondents and public interest. The court found no basis to condone the delay, and the functus officio doctrine precluded reconsideration of the decision.

Source excerpt

• Judicial review
• Administrative delay
• Functus officio
• Condonation of delay
• Declaratory relief

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Kalimbo v State (SCR 3 of 2021)

Kalimbo v State (SCR 3 of 2021) [2021] NASC 38 (14 September 2021)

Court

Supreme Court

Case number

SCR 3 of 2021

The Supreme Court set aside two High Court rulings after finding procedural irregularities in an appeal and leave-to-appeal process, and remitted the matter.

• Murder
• Domestic violence
• Concealment of birth
• Notice of appeal
• Procedural irregularity
• Condonation

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Windhoek Municipal Council v Pioneerspark Dam Investment CC (SA 70 of 2019)

Windhoek Municipal Council v Pioneerspark Dam Investment CC (SA 70 of 2019) [2021] NASC 21 (23 June 2021)

Court

Supreme Court

Case number

SA 70 of 2019

The application to amend was properly refused because it sought a substantial change of stance without an explanation under oath, was brought late, and was impermissibly vague regarding the alleged non-compliance with s 63(2)(b) of the Local Authorities Act. The High Court erred in its approach but the amendment could not be granted on the merits.

Source excerpt

• Amendment of pleadings
• Judicial case management
• Security for costs
• Functus officio
• Condonation
• Local authorities act compliance

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