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Namibia decisions
Decisions matching the current search
Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)
High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.
S v Van der Westhuizen and Another (CR 121 of 2022) [2022] NAHCMD 619 (14 November 2022)
The High Court confirmed the convictions but amended the sentences, finding the magistrate’s suspended sentence conditions too vague and the treatment of the first offender unfair.
Nghipunya v Minister of Justice (HC-MD-CIV-MOT-GEN 343 of 2021) [2022] NAHCMD 510 (14 October 2022)
By majority, the court held that although the words 'in the interest of the public or the administration of justice' in s 61 are not easy to interpret, Namibian jurisprudence has provided sufficient guidelines for their application. The limitation imposed by s 61 is reasonable and justifiable in the circumstances, given the legislative objective to address serious crime. The discretion conferred on the court is not unfettered and is subject to judicial oversight and appeal. Therefore, s 61 is not unconstitutional for vagueness, and the application is dismissed. The dissent found the provision…
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S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022) [2022] NAHCMD 285 (10 June 2022)
The High Court set aside guilty plea convictions for suspected stolen stock, holding that section 112(1)(a) was wrongly used for a non-minor offence.
S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)
The High Court refused the State leave to appeal against the grant of bail to Ricardo Jorge Gustavo, finding no reasonable prospect of a different outcome.
Heritage Health Medical Aid Fund v Registrar of Medical Aids and Ohers (HC-MD-CIV-MOT-REV 411 of 2019) [2021] NAHCMD 314 (2 July 2021)
The High Court reviewed a taxation allocatur, finding the taxing officer’s reasons unclear and some bill items duplicated. The allocatur was set aside and remitted.
State v Jona (CRIMINAL 39 of 2021) [2021] NAHCMD 225 (12 May 2021)
The magistrate misdirected himself by treating indecent assault in a domestic violence context as a minor offence and convicting under section 112(1)(a) of the CPA; the discretion was not exercised judiciously given the seriousness and violation of dignity involved.
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S v Kennedy and Another (CC 1 of 2018) [2021] NAHCMD 249 (15 April 2021)
The High Court granted the State’s application for two vulnerable witnesses to testify from another room via closed-circuit television in a criminal trial.
S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020) [2021] NAHCMD 136 (29 March 2021)
High Court bail appeal dismissed after finding the appellant was untruthful about his residence and had not shown he was a suitable candidate for bail.
Paulus v S (HC-MD-CRI-APP-CAL 111 of 2020) [2021] NAHCMD 79 (26 February 2021)
High Court appeal against refusal of bail dismissed. The court held the magistrate did not exercise her discretion wrongly, given the prima facie case, seriousness of the charges, and pending similar matters.
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