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Criminal law [2022] NASC 45

S v Gustavo (SA 58 of 2022)

S v Gustavo (SA 58 of 2022) [2022] NASC 45 (2 December 2022)

Court
Supreme Court
Case number
SA 58 of 2022

The High Court misdirected itself by failing to properly assess the impact of the new facts advanced by the respondent, by relying on an unenforceable and unspecified GPS monitoring condition, and by not giving due weight to the seriousness of the charges, the strength of the State's case, and the public interest. The discretion to grant bail was exercised on wrong principles and must be set aside.

Source excerpt

  • Bail
  • Discretion of court
  • Public interest
  • Economic crimes
  • Corruption
  • Racketeering
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Criminal law [2022] NAHCMD 330

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022)

Matias v S (HC-MD-CRI-APP-CAL 32 of 2022) [2022] NAHCMD 330 (4 July 2022)

Court
High Court Main Division
Case number
HC-MD-CRI-APP-CAL 32 of 2022

High Court appeal against refusal of bail dismissed. The court held that the appellant was linked to the scene, had pending cases, and bail was not in the public interest.

  • Bail
  • Appeal
  • Prima facie case
  • Previous convictions
  • Public interest
  • Administration of justice
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Criminal law [2022] NALCMD 15

Namibia Protection Services (Pty) Ltd v Hainghumbi (HC-MD-LAB-APP-AAA 46 of 2021)

Namibia Protection Services (Pty) Ltd v Hainghumbi (HC-MD-LAB-APP-AAA 46 of 2021) [2022] NALCMD 15 (23 March 2022)

Court
Labour Court Main Division
Case number
HC-MD-LAB-APP-AAA 46 of 2021

The aggravating factors, including the brutality of the murder, lack of genuine remorse, and the prevalence of domestic violence, outweighed the mitigating factors. The court followed precedent for murder with direct intent in domestic settings and imposed a lengthy custodial sentence to serve both specific and general deterrence.

Source excerpt

  • Murder
  • Domestic violence
  • Sentencing
  • Mitigation and aggravation
  • Remorse
  • Public interest
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Criminal law [2021] NAHCNLD 32

Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020)

Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020) [2021] NAHCNLD 32 (26 March 2021)

Court
Northern Local Division
Case number
HC-NLD-CRI-APP-CAL 62 of 2020

High Court bail appeal dismissed after the court found no misdirection in the magistrate’s refusal of bail under section 61.

  • Bail
  • Refusal of bail
  • Public interest
  • Onus of proof
  • Magistrate's discretion
  • Bail-appeal
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Criminal law [2021] NAHCMD 84

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020)

S v Esau and Another (HC-MD-CRI-APP-CAL 82 of 2020) [2021] NAHCMD 84 (26 February 2021)

Court
High Court Main Division
Case number
HC-MD-CRI-APP-CAL 82 of 2020

High Court bail appeal dismissed after finding a strong prima facie case and that public interest and the administration of justice justified continued detention.

  • Bail
  • Anti-corruption
  • Money laundering
  • Fraud
  • Public interest
  • Administration of justice
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Criminal law [2020] NAHCMD 299

Ardnt v S

Ardnt v S [2020] NAHCMD 299 (17 July 2020)

Court
High Court Main Division

The High Court refused bail, finding the State had a strong prima facie case, a risk of absconding, and that release would not serve the public interest.

  • Bail
  • Murder
  • Robbery
  • Rape
  • Public interest
  • Absconding
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Constitutional law [2019] NASC 7

Director-General of Namibian Central Intelligence Service and Another v Haufiku and Others (SA 33 of 2018)

Director-General of Namibian Central Intelligence Service and Another v Haufiku and Others (SA 33 of 2018) [2019] NASC 7 (12 April 2019)

Court
Supreme Court
Case number
SA 33 of 2018

The Government failed to provide evidence that the information was unlawfully obtained or that its publication would harm national security. Mere assertion of secrecy or national security is insufficient; the courts are not bound by Executive claims without supporting facts. The information in question was obtained from public sources and related to matters of public interest, including possible corruption. The High Court correctly dismissed the application for a final interdict, and the appeal is dismissed.

Source excerpt

  • Freedom of expression
  • Freedom of the press
  • National security
  • Interdicts
  • Open justice
  • Secrecy and state security
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Criminal law [2019] NAHCMD 12

Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018)

Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018) [2019] NAHCMD 12 (5 February 2019)

Court
High Court Main Division
Case number
HC-MD-CRIMINALI-APP-CAL 79 of 2018

The High Court dismissed a bail appeal in a drug-trafficking case, holding that the magistrate was not clearly wrong and could rely on public interest concerns.

  • Bail
  • Drug offences
  • Judicial discretion
  • Public interest
  • Presumption of innocence
  • Drug-offences
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Criminal law [2018] NAHCMD 399

Barnard v S (2) (CC 5 of 2013)

Barnard v S (2) (CC 5 of 2013) [2018] NAHCMD 399 (6 December 2018)

Court
High Court Main Division
Case number
CC 5 of 2013

The applicant failed to show on a balance of probabilities that his admission to bail would not frustrate the due administration of justice or public interest, given the seriousness of the offence, risk of abscondment, and the need to maintain public confidence in the administration of justice. The interests of justice require that the applicant prosecutes the appeal while in custody.

Source excerpt

  • Bail pending appeal
  • Murder
  • Domestic violence
  • Flight risk
  • Public interest
  • Administration of justice
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Constitutional law [2018] NAHCMD 174

Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018)

Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018) [2018] NAHCMD 174 (18 June 2018)

Court
High Court Main Division
Case number
107 of 2018

The applicants failed to establish the second requirement for a final interdict, namely that an injury was actually committed or reasonably apprehended. They did not plead or prove factual matter informing the secrecy, sensitivity, or classification of the information, nor did they demonstrate a genuine national security risk. Much of the information was already in the public domain, and the intended publication concerned matters of public interest, including alleged corruption and misuse of public funds. The law cannot be used to cover up potentially unlawful activity. Therefore, the applica…

Source excerpt

  • Freedom of expression
  • Freedom of the press
  • National security
  • Interdicts
  • Corruption
  • Public interest
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.