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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Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021)

Numwa v Ndapopiwa N.O. (HC-MD-CIV-MOT-REV 349 of 2021) [2022] NAHCMD 678 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 349 of 2021

The High Court reviewed and set aside a land appeal tribunal decision after finding it exceeded its powers by conducting a hearing de novo.

• Judicial review
• Scope of appellate powers
• Communal land rights
• Procedural fairness
• Judicial-review
• Communalland-rights

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Heritage Health Medical Aid Fund v Registrar of Medical Aid Funds (SA 77 of 2020)

Heritage Health Medical Aid Fund v Registrar of Medical Aid Funds (SA 77 of 2020) [2022] NASC 42 (21 November 2022)

Court

Supreme Court

Case number

SA 77 of 2020

The Supreme Court of Namibia partly upheld Heritage Health’s appeal, setting aside a directive over the self-funding gap because costs were not addressed.

• Judicial review
• Natural justice (audi alteram partem)
• Medical aid fund regulation
• Reasonableness of administrative action
• Judicial-review
• Natural-justice

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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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Lady Pohamba Private Hospital Operations (Pty) Ltd v Municipal Council of the Municipality of Windhoek (HC-MD-CIV-MOT-REV 586 of 2020)

Lady Pohamba Private Hospital Operations (Pty) Ltd v Municipal Council of the Municipality of Windhoek (HC-MD-CIV-MOT-REV 586 of 2020) [2022] NAHCMD 579 (21 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 586 of 2020

The High Court set aside Windhoek’s refusal to approve an on-site medical waste system, finding the municipality unlawfully fettered its discretion and acted irrationally.

• Fettering of discretion
• Ultra vires
• Judicial review
• Waste management
• Declaratory relief
• Administrative-law

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Amukena v Nored Electricity (Pty) Ltd (HC-MD-CIV-MOT-REV 148 of 2022)

Amukena v Nored Electricity (Pty) Ltd (HC-MD-CIV-MOT-REV 148 of 2022) [2022] NAHCMD 539 (7 October 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 148 of 2022

The High Court dismissed a review application brought by a father on behalf of his adult son, holding that he lacked standing and the employer’s decision was not reviewable.

• Locus standi
• Judicial review
• Administrative action
• Costs
• Locus-standi
• Judicial-review

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Mobile Telecommunications Ltd v Communications Regulatory Authority of Namibia (HC-MD-CIV-MOT-GEN 526 of 2020)

Mobile Telecommunications Ltd v Communications Regulatory Authority of Namibia (HC-MD-CIV-MOT-GEN 526 of 2020) [2022] NAHCMD 443 (31 August 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 526 of 2020

The amended section 23 of the Communications Act 8 of 2009, as amended by the Communications Amendment Act 9 of 2020, fails to provide sufficiently circumscribed guidelines and limits for the exercise of CRAN's discretionary power to impose a regulatory levy. The absence of an upper threshold or clear parameters in the enabling legislation constitutes an impermissible outsourcing of plenary legislative power, contrary to the Constitution and the Supreme Court's binding precedent. Reliance on regulations or external legislation cannot cure this defect. Consequently, both the amended section an…

Source excerpt

• Delegation of legislative power
• Ultra vires
• Rule of law
• Separation of powers
• Judicial review
• Statutory interpretation

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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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Wentworth v Institute of Chartered Accountants (HC-MD-CIV-MOT-REV 280 of 2021)

Wentworth v Institute of Chartered Accountants (HC-MD-CIV-MOT-REV 280 of 2021) [2022] NAHCMD 166 (4 April 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 280 of 2021

The Institute for Chartered Accountants of Namibia is not a public body as it is not established by statute, and its disciplinary process was fair and in accordance with its by-laws; the applicant was given notice, informed of the charges, and afforded an opportunity to be heard.

Source excerpt

• Judicial review
• Procedural fairness
• Disciplinary proceedings
• Ultra vires
• Natural justice

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Castaneda v Minister of Home Affairs and Immigration and Another (SA 18 of 2021)

Castaneda v Minister of Home Affairs and Immigration and Another (SA 18 of 2021) [2022] NASC 4 (7 March 2022)

Court

Supreme Court

Case number

SA 18 of 2021

The section 38 certificate does not confer domicile; only lawful residence under the Immigration Control Act and compliance with statutory requirements can lead to domicile. The High Court was correct in refusing the declarator of domicile. However, the respondents failed to comply with Article 18 by not informing the appellant of the adverse decision, warranting review and setting aside of the refusal.

Source excerpt

• Domicile
• Permanent residence
• Certificate of identity
• Procedural fairness
• Judicial review

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