Namibia Case Law

Africa Big Lion Mining (Pty) Ltd (‘ABLM’) v Commissioner for Customs and Excise and Others (HC-MD-CIV-MOT-REV-2022/00608)

Africa Big Lion Mining (Pty) Ltd (‘ABLM’) v Commissioner for Customs and Excise and Others (HC-MD-CIV-MOT-REV-2022/00608) [2023] NAHCMD 735 (15 November 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV-2022/00608

Dolomite is a dimension stone within the meaning of the Export Levy Act 2 of 2016, as informed by the definition in the Minerals (Prospecting and Mining) Act 33 of 1992; the respondents acted intra vires and reasonably in imposing the export levy, and the applicant's claims of ultra vires, lack of audi, and legitimate expectation are unfounded.

Source excerpt

• Statutory interpretation
• Ultra vires
• Export levy
• Natural justice
• Legitimate expectation

Read case analysis

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021)

Veira v Prosecutor General and Others (HC-MD-CIV-MOT-REV 315 of 2021) [2022] NAHCMD 659 (6 December 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 315 of 2021

The phrase 'but is not limited to' in section 2(2) of the Combatting of Rape Act 8 of 2000 is not vague or unconstitutional; it is designedly broad to address the diverse and unpredictable forms of coercive circumstances in rape cases. The applicant was provided with sufficient particulars and disclosure to prepare a defence, and procedural safeguards exist to prevent arbitrary prosecution. The applicant lacks standing to challenge section 2(2)(c) as he was not charged under that provision.

Source excerpt

• Vagueness doctrine
• Fair trial rights
• Statutory interpretation
• Sexual offences
• Locus standi

Read case analysis

Shared Advertising CC t/a Shared Petroleum v In Touch Cargo Namibia (Pty) Ltd (HC-MD-CIV-ACT-CON- 1259 of 2021)

Shared Advertising CC t/a Shared Petroleum v In Touch Cargo Namibia (Pty) Ltd (HC-MD-CIV-ACT-CON- 1259 of 2021) [2022] NAHCMD 485 (9 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 1259 of 2021

The court held that the contract for the sale of fuel on credit was illegal and void under Regulation 35 of the Petroleum Products Regulations, and thus unenforceable. Judicial notice of the regulations is required, and the plaintiff's particulars of claim do not disclose a cause of action for contract or suretyship. Enrichment claims may be possible in principle, but must be specifically pleaded with details of impoverishment and enrichment; the plaintiff failed to do so adequately.

Source excerpt

• Illegality of contract
• Exceptions to pleadings
• Enrichment claims
• Statutory interpretation
• Suretyship
• Judicial notice of subordinate legislation

Read case analysis

Minister of Education, Arts and Culture v Review Panel and Others (HC-MD-CIV-MOT-GEN 364 of 2022)

Minister of Education, Arts and Culture v Review Panel and Others (HC-MD-CIV-MOT-GEN 364 of 2022) [2022] NAHCMD 466 (8 September 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 364 of 2022

The High Court granted urgent interim relief staying the Review Panel’s procurement decision pending review, finding urgency and the interdict requirements met.

• Interim interdict
• Urgency
• Review of administrative action
• Public procurement
• Statutory interpretation
• Interim-interdict

Read case analysis

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

Read case analysis

Council for the Municipality of Windhoek v Paratus Telecommunications (Pty) Ltd (SA 27 of 2020)

Council for the Municipality of Windhoek v Paratus Telecommunications (Pty) Ltd (SA 27 of 2020) [2022] NASC 23 (13 July 2022)

Court

Supreme Court

Case number

SA 27 of 2020

The High Court retained jurisdiction to grant a final interdict because the dispute concerned the existence of Paratus’ statutory rights, not merely their exercise, and CRAN’s jurisdiction under s 69 of the Act did not extend to urgent interdicts or disputes about the existence of rights. The municipality’s resort to self-help was unlawful, and all requisites for a final interdict were established.

Source excerpt

• Jurisdiction of high court
• Final interdicts
• Statutory interpretation
• Self-help and abuse of power
• Carrier rights under communications act

Read case analysis

S v Kizonzi (CR 25 of 2022)

S v Kizonzi (CR 25 of 2022) [2022] NAHCNLD 51 (16 May 2022)

Court

Northern Local Division

Case number

CR 25 of 2022

On automatic review, the High Court upheld the sentence but substituted the conviction because the accused had been charged under the wrong statutory subsection.

• Overstaying visa
• Statutory interpretation
• Charge substitution
• Immigration-law
• Criminal-review
• Charge-substitution

Read case analysis

S v Marungu ; S v Kahana ; S v Kapwita; S v Kuferera; S v Kasenge (CR 33 of 2022)

S v Marungu ; S v Kahana ; S v Kapwita; S v Kuferera; S v Kasenge (CR 33 of 2022) [2022] NAHCMD 198 (19 April 2022)

Court

High Court Main Division

Case number

CR 33 of 2022

The High Court set aside convictions and sentences because the immigration charges omitted essential elements required by section 12(1) and 12(4) of the Act.

• Defective charge
• Elements of offence
• Immigration offences
• Statutory interpretation
• Setting aside conviction
• Defective-charge

Read case analysis

Mouse Properties Ninety Eight CC v Minister of Urban and Rural Development and Others (SA 14 of 2020)

Mouse Properties Ninety Eight CC v Minister of Urban and Rural Development and Others (SA 14 of 2020) [2022] NASC 13 (11 April 2022)

Court

Supreme Court

Case number

SA 14 of 2020

The Minister's approval was required for the sale under s 30(1)(t) of the Local Authorities Act, not s 63. The Minister acted ultra vires by purporting to act under s 63, which did not apply. The audi alteram partem rule was breached as the appellant was not given an opportunity to respond to objections or issues raised. The Minister's decision was set aside and the matter remitted for reconsideration under the correct statutory provision, with the appellant to be given an opportunity to make representations.

Source excerpt

• Ultra vires
• Ministerial approval
• Procedural fairness
• Audi alteram partem
• Statutory interpretation
• Public procurement

Read case analysis

Letshego Bank Namibia Limited v Mwandingi and Others (HC-MD-LAB-MOT-REV 173 of 2019)

Letshego Bank Namibia Limited v Mwandingi and Others (HC-MD-LAB-MOT-REV 173 of 2019) [2022] NALCMD 5 (15 February 2022)

Court

Labour Court Main Division

Case number

HC-MD-LAB-MOT-REV 173 of 2019

The Labour Court set aside a conciliator’s dismissal of a dispute of interest, holding the conciliator acted beyond statutory powers and ordering fresh conciliation.

• Ultra vires
• Conciliation
• Statutory interpretation
• Review of administrative action
• Labour-law
• Administrative-law

Read case analysis