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Namibia Case Law

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Criminal law [2022] NAHCMD 616

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

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.

  • Bail
  • Rape
  • Combating of domestic violence
  • Judicial discretion
  • Onus of proof
  • Bail-appeal
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Criminal law [2022] NAHCMD 508

S v Hausiku (CC 29 of 2019)

S v Hausiku (CC 29 of 2019) [2022] NAHCMD 508 (28 September 2022)

Sentencing decision for murder, rape, robbery, kidnapping, and traffic offences. The court imposed cumulative prison terms and departed from the rape minimum sentence.

  • Murder
  • Robbery with aggravating circumstances
  • Rape
  • Kidnapping
  • Driving without a licence
  • Reckless driving
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Criminal law [2022] NAHCMD 418

S v Hausiku (CC 29 of 2019)

S v Hausiku (CC 29 of 2019) [2022] NAHCMD 418 (17 August 2022)

The accused was not under imminent attack when he killed the deceased; his claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused's admissions and forensic evidence established his guilt on all counts beyond reasonable doubt. The complainant's evidence was credible and corroborated by DNA and other evidence. The accused's failure to cross-examine on key points undermined his defence. The accused's version was found to be improbable and false.

  • Murder
  • Robbery with aggravating circumstances
  • Rape
  • Kidnapping
  • Driving without a licence
  • Reckless or negligent driving
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Criminal law [2022] NAHCMD 334

S v Van Wyk (CC 2 of 2021)

S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 334 (5 July 2022)

Sentencing for rape and abduction of a five-year-old child. The High Court imposed 20 years for rape and 7 years for abduction, with 3 years concurrent.

  • Rape
  • Abduction
  • Sentencing
  • Aggravating and mitigating factors
  • Child-victim
  • Criminal-law
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Criminal law [2022] NAHCMD 299

S v Van Wyk (CC 2 of 2021)

S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 299 (16 June 2022)

The High Court convicted the accused of rape and abduction, finding forensic and medical evidence proved penile penetration of a five-year-old complainant.

  • Rape
  • Abduction
  • Sexual offences against children
  • Forensic evidence
  • Child-sexual-offences
  • Dna-evidence
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Criminal law [2022] NAHCMD 231

Gawiseb v S (CA 54 of 2016)

Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)

The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.

  • Rape
  • Assault with intent to do grievous bodily harm
  • Assault by threat
  • Minimum sentencing
  • Single witness evidence
  • Appeal procedure
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Criminal law [2022] NAHCMD 214

S v Gemeng and Another (CC 20 of 2016)

S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 214 (26 April 2022)

The High Court of Namibia imposed 18-year sentences on two accused convicted of rape, finding no substantial and compelling circumstances to depart from the mandatory minimum.

  • Rape
  • Sentencing
  • Mandatory minimum sentences
  • Mitigation
  • Substantial and compelling circumstances
  • Mandatory-minimum-sentences
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Criminal law [2022] NAHCMD 145

S v Gemeng and Another (CC 20 of 2016)

S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 145 (29 March 2022)

High Court judgment on rape charges based on circumstantial and DNA evidence, with convictions on two counts and acquittals on related assault and complicity counts.

  • Rape
  • Circumstantial evidence
  • Dna evidence
  • Assault with intent to do grievous bodily harm
  • Admissibility of extra-judicial admissions
  • Circumstantial-evidence
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Criminal law [2022] NAHCMD 114

S v Pretorius (CC 2 of 2018)

S v Pretorius (CC 2 of 2018) [2022] NAHCMD 114 (15 March 2022)

The High Court of Namibia sentenced Marthinus Pretorius to 35 years’ imprisonment after convictions for rape and trafficking of minor girls, finding no basis to depart from minimum sentences.

  • Rape
  • Human trafficking
  • Sentencing
  • Minimum sentences
  • Mitigating and aggravating factors
  • Criminal-sentencing
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Criminal law [2022] NAHCMD 80

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018)

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018) [2022] NAHCMD 80 (1 March 2022)

The High Court dismissed an appeal against two rape convictions and a 20-year sentence, finding the complainant was a credible single witness and the trial court made no misdirection.

  • Rape
  • Single witness evidence
  • Credibility of witnesses
  • Sentencing
  • Appeals
  • Single-witness-evidence
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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.