Namibia Case Law

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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Pupkewitz Motor Division (Pty) Ltd v Katjiruru (HC-MD-LAB-APP-AAA 62 of 2021)

Pupkewitz Motor Division (Pty) Ltd v Katjiruru (HC-MD-LAB-APP-AAA 62 of 2021) [2022] NALCMD 78 (16 December 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 62 of 2021

The appellant failed to comply with the procedural requirements of section 34 of the Labour Act, did not negotiate in good faith, and did not prove that retrenchment was a measure of last resort or that no alternatives existed. The dismissal was both procedurally and substantively unfair. However, the compensation award was set aside due to insufficient evidence on mitigation of loss, and the matter was remitted for reconsideration of compensation.

Source excerpt

• Retrenchment
• Unfair dismissal
• Compensation
• Procedural fairness
• Substantive fairness

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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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Marula Game Range Pty (Ltd) v Liebenberg (HC-MD-LAB-APP-AAA 33 of 2021)

Marula Game Range Pty (Ltd) v Liebenberg (HC-MD-LAB-APP-AAA 33 of 2021) [2022] NALCMD 70 (10 November 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 33 of 2021

Labour appeal over unfair dismissal. The Labour Court held the arbitrator wrongly ignored the internal disciplinary record and upheld the dismissal.

• Unfair dismissal
• Procedural fairness
• Substantive fairness
• Arbitration award
• Appeal on question of law
• Unfair-dismissal

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Agricultural Bank of Namibia v Labour Commissioner (HC-MD-LAB-MOT-REV 298 of 2021)

Agricultural Bank of Namibia v Labour Commissioner (HC-MD-LAB-MOT-REV 298 of 2021) [2022] NALCMD 62 (21 October 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-REV 298 of 2021

The Labour Court set aside an arbitrator’s refusal to allow legal representation, holding that the arbitrator failed to apply the section 86(13) test.

• Review of arbitrator's award
• Legal representation in arbitration
• Labour act s 86(13)
• Unfair dismissal
• Procedural fairness
• Labour-law

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Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022)

Paulus v S (HC-MD-CRI-APP-CAL 62 of 2022) [2022] NAHCMD 498 (23 September 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 62 of 2022

The High Court allowed a bail appeal, holding the magistrate wrongly refused to hear evidence on alleged new facts before ruling on the application.

• Bail
• New facts
• Procedural fairness
• Audi alteram partem
• New-facts
• Procedural-fairness

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Namibia Students Financial Assistance Fund v Nghiwete (HC-MD-LAB-APP-AAA 56 of 2021)

Namibia Students Financial Assistance Fund v Nghiwete (HC-MD-LAB-APP-AAA 56 of 2021) [2022] NALCMD 50 (16 September 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-APP-AAA 56 of 2021

The dismissal of the first respondent was substantively and procedurally unfair as the appellant failed to provide a valid and fair reason and did not follow a fair procedure. The Board acted outside its authority by intervening in an ongoing disciplinary process and dismissing the first respondent without charges or a hearing. However, reinstatement was not ordered due to the irretrievable breakdown of the employment relationship and trust between the parties.

Source excerpt

• Unfair dismissal
• Procedural fairness
• Substantive fairness
• Reinstatement
• Breakdown of trust
• Disciplinary procedures

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Shivute v President of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 288 of 2021)

Shivute v President of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 288 of 2021) [2022] NAHCMD 464 (8 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 288 of 2021

The applicant was denied legal representation at his disciplinary hearing in breach of reg 11(13) of the NCIS Regulations, resulting in procedural unfairness. The disciplinary proceedings were not substantively fair as the charges were withdrawn and there was no proven dishonesty. The applicant's dismissal was therefore unfair and unlawful, warranting reinstatement.

Source excerpt

• Unfair dismissal
• Disciplinary proceedings
• Legal representation in disciplinary hearings
• Reinstatement
• Procedural fairness

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S v Van Rooi (CR 67 of 2022)

S v Van Rooi (CR 67 of 2022) [2022] NAHCMD 382 (29 July 2022)

Court

High Court Main Division

Case number

CR 67 of 2022

The High Court set aside a guilty plea conviction and sentence for excessive blood-alcohol driving and remitted the matter for proper s 112 questioning.

• Driving under the influence
• Blood-alcohol concentration
• Procedural fairness
• Criminal-review
• Guilty-plea
• Road-traffic-offences

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Namibia Media Holdings (Pty) Ltd v Lombard and Another (SA 23 of 2020)

Namibia Media Holdings (Pty) Ltd v Lombard and Another (SA 23 of 2020) [2022] NASC 21 (8 July 2022)

Court

Supreme Court

Case number

SA 23 of 2020

The appellants satisfied the standard of reasonable or responsible reporting by accurately reporting statements made by the Minister and Permanent Secretary at a public press conference on a matter of public interest. There was no requirement to independently verify the correctness of official statements or to rigidly apply journalistic guidelines. The High Court misdirected itself in its approach to both the reasonable publication defence and the refusal to allow additional witnesses. The defamation action should have been dismissed.

Source excerpt

• Reasonable publication defence
• Freedom of expression
• Right to reputation
• Judicial case management
• Procedural fairness

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