High Court Act, 1990

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High Court Act, 1990

Act 16 of 1990

  1. [Amended by Legal Practitioners Act, 1995 (Act 15 of 1995) on 7 September 1995]
  2. [Amended by Judicial Service Commission Act, 1995 (Act 18 of 1995) on 20 November 1995]
  3. [Amended by Appeal Laws Amendment Act, 2001 (Act 10 of 2001) on 25 July 2001]
  4. [Amended by International Co-operation in Criminal Matters Act, 2000 (Act 9 of 2000) on 15 September 2001]
  5. [Amended by High Court Amendment Act, 2002 (Act 3 of 2002) on 19 July 2002]
  6. [Amended by High Court Amendment Act, 2011 (Act 14 of 2011) on 30 December 2011]
  7. [Amended by High Court Amendment Act, 2013 (Act 12 of 2013) on 4 February 2014]
ACTTo make provision for the jurisdiction of the High Court of Namibia in pursuance of the provisions of Article 80 of the Namibian Constitution; the making of rules of court; and to provide for matters incidental thereto.BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-

1. Definitions

In this Act, unless the context otherwise indicates -Chief Justice” means the Chief Justice of the Supreme Court;civil summons” means any summons whereby civil proceedings are commenced, and includes any rule nisi or notice of motion the object of which is to require the appearance before the court of any person against whom relief is sought in such proceedings or of any person having an interest in resisting the grant of such relief;deputy-sheriff” means the deputy-sheriff of the High Court appointed under section 30;full court” means a court consisting of more than two judges;High Court” means the High Court of Namibia constituted under article 80(1) of the Namibian Constitution;Judge-President” means the Judge-President of the High Court appointed under Article 32(4)(a)(aa) or 82(1) of the Namibian Constitution, as the case may be;Judicial Service Commission” means the Judicial Service Commission established under Article 85 of the Namibian Constitution;lower court” means a court (not being the High Court or the Supreme Court) which is required to keep a record of its proceedings, and includes a magistrate or other officer holding a preparatory examination into an alleged offence;Minister” means the Minister of Justice;registrar” means the registrar of the High Court, and includes an assistant registrar;rules of court” means the rules made under section 39;sheriff” means the sheriff of the High Court appointed under section 30;Supreme Court” means the Supreme Court of Namibia constituted under Article 79(1) of the Namibian Constitution.

2. Jurisdiction of High Court in general

The High Court shall have jurisdiction to hear and to determine all matters which may be conferred or imposed upon it by this Act or the Namibian Constitution or any other law.

2A. Divisions of High Court

(1)The High Court shall consist of the main division that may exercise the jurisdiction of the High Court referred to in section 2 in any matter and such local divisions as may be established in terms of section 4A(1).
(2)Any process issued out of, or order made by a judge sitting as a judge of the main division or a local division shall be a process or order of the High Court and shall be of force throughout Namibia.[Section 2A is inserted by Act 14 of 2011. There should be a comma after the phrase “or order made by”.]

3. Qualifications for appointment as judges of High Court

No person shall, in pursuance of the provisions of Article 82 of the Namibian Constitution, be eligible for appointment as Judge-President or as an additional or acting judge of the High Court, unless -
(a)such person has held office as a judge of a superior court in any country which is a member of the Commonwealth; or
(b)such person has held office as a judge in any other country which in the opinion of the Chief Justice and the Judicial Service Commission is a country whose legal system and legal institutions are sufficiently comparable with the legal system and legal institutions of Namibia as to make the judge of such a country suitable for appointment as a judge of the High Court; or
(c)such person has practised as a legal practitioner in Namibia, whether before or after the commencement of the Legal Practitioners Act, 1995, or in a country referred to in paragraph (a) or (b), for a period of not less than five years; or[paragraph (c) substituted by Act 15 of 1995 and amended by Act 18 of 1995]
(d)such person is a legal practitioner who has served in a legal capacity in full time public service for a cumulative period of not less than five years; or[paragraph (d) inserted by Act 18 of 1995]
(e)such person is a magistrate other than an additional or assistant magistrate, who -
(i)holds a degree in law from the University of Namibia or an equivalent qualification in law prescribed in terms of subsection (4) of section 5 of the Legal Practitioners Act 1995; and
(ii)has presided over a lower court for a cumulative period of not less than five years.
[paragraph (e) inserted by Act 18 of 1995]

4. Seat of High Court

The seat -
(a)of the main division of the High Court shall be in Windhoek;
(b)of a local division shall be at the place determined in terms of section 4A(2),
but if the Judge-President considers it to be necessary or expedient in the interests of the administration of justice, he or she may authorise the holding of a sitting elsewhere in Namibia.[section 4 substituted by Act 14 of 2011]

4A. Local divisions

(1)The President may by proclamation establish such local divisions of the High Court as may be necessary.
(2)The Judge-President must, as soon as possible after the establishment of a local division, by notice in the Gazette determine the area of jurisdiction of the local division concerned as well as the seat of such local division.
(3)The Judge-President must assign judges to local divisions on a permanent or temporary basis (or for a particular case) as may be necessary for the proper administration of justice.
(4)A local division has concurrent jurisdiction with the main division in the area of jurisdiction of that local division.
(5)If any civil cause, proceeding or matter has been instituted in the main or local division, and it is made to appear to the court concerned that the same may be more conveniently or more fitly heard or determined in another division, that court may, upon application by any party hereto and after hearing all other parties thereto, order such cause, proceeding or matter to be removed to that other division.
(6)Subject to a determination under subsection (7), unless the context indicates otherwise, any reference in any law to “the High Court” shall be construed as to include a local division having jurisdiction.
(7)The Judge-President may in the notice contemplated in subsection (2) determine the circumstances under which appeals or reviews (whether automatic or otherwise) of decisions of lower courts situated within the area of jurisdiction of a local division are decided by the main division or the local division concerned.[section 4A inserted by Act 14 of 2011]

5. Remuneration of judges of High Court

The Judge-President and the other judges of the High Court, shall receive or enjoy such remuneration, benefits, allowances or privileges as may be prescribed by law.

6. Appointment of acting judge in permanent capacity

In the case of the appointment as a judge of any person holding office in an acting capacity by virtue of the provisions of Article 82(3) of the Namibian Constitution, such appointment may be made with retrospective effect from the commencement of the period during which such person so held office in an acting capacity or, where such person has so held office for two or more periods which together constitute a single uninterrupted period, from the commencement of the first of such periods.

7. Period of appointment of acting judges

Any appointment of a person as an acting judge under Article 82(3) of the Namibian Constitution shall be deemed to be also in respect of any period during which such person is necessarily engaged in connection with the disposal of any proceedings in which he or she has taken part as such a judge and which have not been disposed of at the termination of the period for which he or she has so been appointed or, having been disposed of before or after such termination, are re-opened.

8. Retirement of judges of High Court

(1)Any judge of the High Court holding office in a permanent capacity -
(a)retires from office in accordance with Article 82(4) of the Namibian Constitution;
(b)may at any time before attaining the retiring age referred to in paragraph (a) retire from office with the approval of the President, which approval may only be granted if there is sufficient reason, including a permanent infirmity of mind or body disabling the judge from the proper discharge of his or her duties of office.
[subsection (1) substituted by Act 3 of 2002]
(2)Any judge of the High Court shall on retirement, and the widow or widower of such judge, as the case may be, shall on the death of such judge, be paid the pension prescribed by law.

9. Judges not to hold any other office of profit

No judge of the High Court shall, unless authorised thereto by the Judicial Service Commission accept or hold any other office of profit, or receive in respect of any service rendered by him or her any remuneration other than the remuneration as contemplated in section 5.

10. Constitution of a court of High Court

(1)
(a)Subject to the provisions of this Act or any other law, the High Court shall, when sitting as a court of first instance for the hearing of any civil matter, be constituted before a single judge: Provided that the Judge-President or, in his or her absence, the senior available judge may, at any time direct that any matter be heard by a full court.
(b)A single judge may at any time discontinue the hearing of any matter being heard before him or her and refer it for hearing to the full court.
(2)Any appeal from a lower court may be heard by one or more judges of the High Court, as the Judge-President may direct.
(3)Whenever it appears to the Judge-President or, in his or her absence, the senior available judge, that any matter being heard before the High Court should in view of its importance be heard before a court consisting of a larger number of judges, he or she may direct that the hearing be discontinued and commenced afresh before a court consisting of as many judges as he or she may determine.
(4)For the hearing of any criminal case as a court of first instance, the High Court shall be constituted in the manner prescribed in the applicable law relating to procedure in criminal matters.
(5)During any period which may by rule of court be fixed as vacation or during which only one judge may be available, one judge of the High Court shall, notwithstanding anything to the contrary in this Act or any other law contained, be competent to exercise all the powers, jurisdiction and authority of the High Court.

11. More than one court may sit at the same time

The High Court may at any time sit in as many courts constituted in the manner provided in this Act as the available judges may allow.

12. Nature of High Court and seal

(1)The High Court shall be a court of record and shall have for its use a seal consisting of a circle and around such circle within a wider circle the words “NAMIBIA HIGH COURT” with the Coat of Arms of the Republic of Namibia inside the inner circle.
(2)The seal shall be kept in custody of the registrar.

13. Proceedings to be carried on in open court

Save as is otherwise provided in Article 12(1)(a) and (b) of the Namibian Constitution, all proceedings in the High Court shall be carried on in open court.

14. Manner of arriving at decisions

(1)Save as may otherwise be provided in this Act or any other law, the judgment of the majority of the judges of the full court shall be the judgment of the court, and where the judgments of a majority of the judges of any such court are not in agreement, the hearing shall be adjourned and commenced de novo before a new court constituted in such manner as the Judge-President or, in his or her absence, the senior available judge may determine.
(2)If at any stage during the hearing of any matter by a full court or by a court consisting of two or more judges, any judge of such court dies or retires or becomes otherwise incapable of acting or is absent, the hearing shall, if the remaining judges constitute a majority of the judges before whom it was commenced, proceed before such remaining judges, and if such remaining judges do not constitute such a majority, or if only one judge remains, the hearing shall be commenced de novo, unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the majority of such remaining judges or of such one remaining judge, as the case may be, as the decision of the court.
(3)The provisions of subsection (1) shall mutatis mutandis apply whenever a hearing is before two or more judges or, in the circumstances set out in subsection (2), proceeds before two or more judges: Provided that if the hearing is or proceeds before two judges and they do not agree on judgment, the matter shall be heard de novo.

15. Certified copies of court records admissible as evidence

Whenever any judgement, decree, order or other record of the High Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, decree, order or other record duly certified as such by the registrar under the seal of the High Court shall be prima facie evidence thereof without proof of the authenticity of the registrar’s signature.

16. Persons over whom and matters in relation to which the High Court has jurisdiction

The High Court shall have jurisdiction over all persons residing or being in and in relation to all causes arising and all offences triable within Namibia and all other matters of which it may according to law take cognisance, and shall, in addition to any powers of jurisdiction which may be vested in it by law, have power -
(a)to hear and determine appeals from all lower courts in Namibia;
(b)to review the proceedings of all such courts;
(c)[paragraph (c) deleted by Act 10 of 2001]
(d)in its discretion, and at the instance of any interested person, to enquire into and determine any existing, future or contingent right or obligation, notwithstanding that such person cannot claim any relief consequential upon the determination.

17. Compilation of special dossiers

In any proceedings before the High Court in respect of which the provisions of Article 23(2) of the Namibian Constitution are applicable or in any other proceedings in which it is considered to be just and expeditious the court may direct that a special dossier be compiled by a referee, and the provisions of section 23 of the Supreme Court Act, 1990, and the rules of court relating thereto shall mutatis mutandis apply in respect of such a direction made under this section, and any reference in the said section 23 and the said rules of court to the Supreme Court shall be deemed to be a reference to the High Court.

18. Appeals against judgment or order of High Court in civil proceedings

(1)An appeal from a judgment or order of the High Court in any civil proceedings or against any judgment or order of the High Court given on appeal shall, except in so far as this section otherwise provides, be heard by the Supreme Court.
(2)An appeal from any judgment or order of the High Court in civil proceedings shall lie -
(a)in the case of that court sitting as a court of first instance, whether the full court or otherwise, to the Supreme Court, as of right, and no leave to appeal shall be required;
(b)in the case of that court sitting as a court of appeal, whether the full court or otherwise, to the Supreme Court if leave to appeal is granted by the court which has given the judgment or has made the order or, in the event of such leave being refused, leave to appeal is granted by the Supreme Court.
[subsection (2) substituted by Act 10 of 2001]
(3)No judgment or order where the judgment or order sought to be appealed from is an interlocutory order or an order as to costs only left by law to the discretion of the court shall be subject to appeal save with the leave of the court which has given the judgment or has made the order, or in the event of such leave to appeal being refused, leave to appeal being granted by the Supreme Court.
(4)[subsection (4) deleted by Act 10 of 2001]
(5)If leave to appeal to the Supreme Court is granted in terms of subsection (2)(b), the court granting the leave may order the applicant to find security for costs of the appeal in such amount as the registrar of the court concerned may determine, and may fix the time within which the security is to be found.[subsection (5) substituted by Act 10 of 2001]
(6)[subsection (6) deleted by Act 10 of 2001]
(7)Notwithstanding anything to the contrary in any law contained, no appeal shall lie from a judgment or order of the High Court in proceedings in connection with an application -
(a)by one spouse against the other for maintenance pendente lite;
(b)for contribution towards the costs of a pending matrimonial action;
(c)for the interim custody of a child when a matrimonial action between the parents is pending or is about to be instituted;
(d)by one parent against the other for interim access to a child when a matrimonial action between the parents is pending or is about to be instituted.
(8)The rules regulating the proceedings of the Supreme Court shall mutatis mutandis apply in respect of appeals to that court.

19. Powers of High Court on hearing of appeals

(1)The High Court shall have power -
(a)on the hearing of an appeal to receive further evidence, either orally or by deposition before a person appointed by the court, or to remit the case to the court of first instance or the court whose judgment is the subject of the appeal, for further hearing, with such instructions relating to the taking of further evidence or any other matter as the High Court may deem necessary;
(b)to confirm, amend or set aside the judgment or order which is the subject of the appeal and to give any judgment or make any order which the circumstances may require.
(2)On appeal to the Supreme Court that court shall, subject to the provisions of this Act, have such powers as the Supreme Court Act, 1990, or any other law may confer upon it in respect of any such appeal.

20. Grounds of review of proceedings of lower courts

(1)The grounds upon which the proceedings of any lower court may be brought under review before the High Court are -
(a)absence of jurisdiction on the part of the court;
(b)interest in the cause, bias, malice or corruption on the part of the presiding judicial officer;
(c)gross irregularity in the proceedings;
(d)the admission of inadmissible or incompetent evidence or the rejection of admissible or competent evidence.
(2)Nothing in this section contained shall effect the provisions of any other law relating to the review of proceedings in lower courts.

21. No process to be issued against judge except with consent of court

(1)Notwithstanding anything to the contrary in any law contained, no summons or subpoena against any judge of the High Court shall in any civil action be issued out of any court except with the consent of the High Court.
(2)Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge shall attend court shall be determined in consultation with the Judge-President or, in his or her absence, the next senior judge of the High Court available.

22. Scope and execution of process of High Court

The civil process of the High Court shall run throughout Namibia.

23. Execution of process in respect of association, partnership or firm

Any warrant or other process for the execution of any judgement or order issued against any association of persons, corporate or unincorporate, or any partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm.

24. Time allowed for appearance

The time allowed for entering an appearance to a civil summons served outside Namibia shall not be less than 21 days.

25. Prohibition on attachment to found jurisdiction or arrest where defendant resides in Namibia

No attachment of person or property to found jurisdiction shall be ordered by the High Court against any person residing in Namibia.

26. Manner of securing attendance of witnesses in civil proceedings

(1)Any party to civil proceedings before the High Court in which the attendance of witnesses is required may procure the attendance of any witness in the manner provided for in the rules of court.
(2)Whenever any person subpoenaed to attend any civil proceedings as a witness fails without reasonable excuse to obey the subpoena and it appears from the return of the proper officer or from evidence given under oath that the subpoena was served upon the person to whom it is directed and that his or her reasonable expenses calculated in accordance with the tariff prescribed under section 38 have been paid or offered to him or her, or that he or she is evading service, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the court in which the proceedings are conducted, may issue a warrant directing that he or she be arrested and brought before the court at a time and place stated in the warrant or as soon as possible thereafter.
(3)Any person arrested under such warrant may be detained thereunder before the court which issued it or in any gaol or lock-up or other place of detention or in the custody of the person who is in charge of him or her, with a view to procuring his or her presence as a witness in the said proceedings: Provided that the court may release such person on a recognisance with or without sureties for his or her appearance to give evidence as required and for his or her appearance at the enquiry referred to in subsection (4).
(4)The court may summarily enquire into such person’s evasion of the service of the subpoena or failure to obey the subpoena or to remain in attendance, and may, unless it is proved that such person has a reasonable excuse for such evasion or failure, sentence him or her to a fine not exceeding R2 000 or to imprisonment for a period not exceeding one year.
(5)Any sentence imposed by the court under subsection (4) shall be enforced and shall be subject to appeal as if it were a sentence in a criminal case.
(6)If any person who has entered into any recognisance for his or her appearance to give evidence at such proceedings or for his or her appearance at an enquiry referred to in subsection (4), fails so to appear, he or she may, apart from the forfeiture of his or her recognisance, be dealt with as if he or she had failed to obey a subpoena to attend such proceedings or to appear at such enquiry.

27. Manner in which recalcitrant witnesses may be dealt with

(1)Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 26 or is present and is verbally required by the court to give evidence in any civil proceedings, refuses to be sworn or to make an affirmation, or, having been sworn or having made an affirmation, refuses to answer such questions as are put to him or her, or refuses or fails to produce any document or thing which he or she is required to produce, without any just or lawful excuse for any such refusal or failure, the court may adjourn the proceedings for 30 days or such shorter period as it may consider expedient and may, in respect of the period of such an adjournment, issue a warrant to commit the person so refusing or failing to imprisonment unless he or she sooner consents to do what is required of him or her.
(2)If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him or her, the court may again adjourn the proceedings and commit him or her to imprisonment for a like period and from time to time repeat that procedure until such person consents to do what is required of him or her.
(3)The provisions of this section shall not be construed so as to prevent the court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence submitted to it.
(4)No person shall be bound to produce any document or thing not specified or sufficiently described in the subpoena unless he or she actually has it in court.
(5)When a subpoena is issued to procure the attendance of any person to give evidence or to produce any book, paper or document in any such proceedings and it appears that -
(a)he or she is unable to give any evidence or to produce any book, paper or document which would be relevant to any issue in such proceedings; or
(b)such book, paper or document could properly be produced by some other person; or
(c)the compelling of his or her attendance would be an abuse of process of the court,
the court may, notwithstanding anything in this section contained, after reasonable notice by the registrar to the parties to the proceedings concerned and after hearing such parties make an order cancelling such subpoena.

28. Foreign witnesses

(1)Whenever in any civil proceedings pending before the High Court, the court in the exercise of its powers permits viva voce evidence at the hearing of those proceedings and the party seeking to call or to cross­examine a witness so required to give such evidence, is unable to secure the attendance of the witness at the hearing due to the fact that such witness is resident in a foreign country or territory or sojourns there, such party may apply to the High Court on notice of motion for the issue of a letter of request to the competent court of such foreign country or territory, requesting the said court to appoint a particular person to act as commissioner to take evidence of such a witness whether by means of interrogatories or otherwise.
(2)Where an application is granted in terms of subsection (1), the registrar shall transmit a certificate to that effect, together with the said letter of request, and the amount of the expenses payable to the person concerned for his or her appearance to give evidence before the commissioner contemplated in subsection (1), to the competent court of the foreign country or territory in question.
(3)The transmission of the documents referred in subsection (2) shall be effected through the relevant diplomatic channels of the Government of Namibia.
(4)A letter of request issued under this section shall, where the evidence of the witness concerned is to be taken by means of interrogatories, contain such duly and lawfully framed interrogatories, including any cross-interrogatories, which it is desired to put to the said witness.
(5)Any evidence recorded and duly certified as correct by a commissioner appointed by any competent court of a foreign country or territory in giving effect to a letter of request issued in terms of this section, shall, upon being tendered to the court in which the civil proceedings contemplated in subsection (1) are pending, be received as evidence in such proceedings.
(6)Where any witness sought to be examined or questioned in terms of this section, refuses to appear before the commissioner so appointed, the registrar shall provide to the competent authority of the foreign country or territory concerned, such certifications, documents or orders as are required by the laws of such foreign country or territory to empower such authority of that country or territory to compel the attendance of the witness concerned before the commissioner: Provided that the production of such certifications, documents or orders are not prohibited by any law of Namibia.

29. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries

(1)Whenever a commission rogatoire or letter of request in connection with any civil proceedings received from any State or territory or court outside Namibia, is transmitted to the registrar by the Permanent Secretary: Justice together with a translation in English, if the original is any other language, and an intimation that the Minister considers it desirable that effect should be given thereto without requiring an application to be made to the High Court by the agents, if any, of the parties to the action or matter, the registrar shall submit the same to a judge in chambers in order to give effect to such commission rogatoire or letter of request.[subsection (1) substituted by Act 9 of 2000]
(2)Whenever a request for the service on any person in Namibia of any civil process or citation received from any state, territory or court outside Namibia, is transmitted to the registrar by the Permanent Secretary for Justice, together with a translation in English, if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto, the registrar shall cause service of the said process or citation to be effected in accordance with the rules of court by the sheriff or a deputy-sheriff, or any person specifically appointed thereto by a judge of the High Court.
(3)The registrar shall, after effect has been given to any such commission rogatoire, letter of request, process or citation, return all relevant documents, duly verified in accordance with the rules of court, to the Permanent Secretary for Justice for transmission.
(4)Except where the Minister otherwise directs, no fees other than disbursements shall be recovered from any state, territory or court on whose behalf any service such as is referred to in this section has been performed.

30. Appointment of officers of High Court

(1)
(a)The Minister may, subject to the laws governing the public service, appoint for the High Court a registrar and such deputy-registrars, assistant registrars, sheriffs, deputy-sheriffs and other officers as may be required for the administration of justice or the execution of the powers and authority of the said court: Provided that if, in the opinion of the Minister the duties of such deputy-sheriff can be performed satisfactorily or with a reduction in governmental cost by a person who is not an officer in the public service, the Minister may appoint any person as such deputy-sheriff at such remuneration and on such conditions as the Minister may determine.
(b)Whenever by reason of absence or incapacity a registrar, deputy-registrar, assistant registrar, sheriff, deputy-sheriff or other officer is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that, when any such vacancy has remained unfilled for a continuous period of six months that fact shall be reported to the Public Service Commission.
(2)Any officer in the public service appointed under subsection (l) may simultaneously hold more than one of the offices mentioned in that subsection.
(3)Any deputy-sheriff who is not an officer in the public service may with the approval of the Minister appoint one or more assistants for whom he or she shall be responsible and any such assistant may subject to the directions of the deputy-sheriff exercise any of the powers and perform any of the functions or duties of such deputy-sheriff.
(4)Any person appointed as an assistant to a deputy-sheriff who is an officer in the public service may, subject to the directions of such deputy-sheriff exercise any of the powers and perform any of the functions or duties of such deputy-sheriff.
(5)A deputy-sheriff who is not an officer of the public service shall as soon as possible after his or her appointment furnish security to the satisfaction of the sheriff for the due and faithful performance of his or her duties and functions, and if he or she fails or neglects to furnish such security within a period determined by the sheriff, his or her appointment shall lapse at the expiration of the said period.
(6)Whenever in any matter objection is made to the service or execution of process by the sheriff or a deputy-sheriff by reason of the interest of such sheriff or deputy-sheriff in such matter or the relationship of such sheriff or deputy-sheriff to a party to such matter or of any good cause of challenge, or whenever on account of illness or absence or any other good and sufficient reason, it is necessary to appoint any person to perform temporarily any of the duties of the deputy-sheriff, the registrar may appoint any acting deputy-sheriff.
(7)The Minister may delegate to an officer in the Ministry of Justice any of the powers vested in him or her by this section.

31. Suspension and dismissal of deputy-sheriff

(1)A deputy-sheriff who is alleged to have been negligent or dilatory in the service or execution of process or wilfully to have demanded payment of more than the prescribed fees or expenses or to have made a false return or in any other manner to have misconducted himself or herself in connection with his or her duties, may pending investigation, be suspended from office and profit by the sheriff who may appoint any person to act in his or her place during the period of suspension.
(2)The sheriff shall forthwith report to the Permanent Secretary for Justice for the information of the Minister any action which he or she has taken under this section, and the Minister may after investigation set aside the suspension or may confirm it and may if he or she deems fit dismiss from his or her office the deputy-sheriff who has been so suspended.

32. Execution of process

(1)The sheriff or the deputy-sheriff concerned or his or her assistant shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the High Court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.
(2)The return of such sheriff or a deputy-sheriff or his or her assistant of the steps taken in connection with any such process of the High Court, shall be prima facie evidence of the matters stated therein.
(3)The Sheriff shall receive and cause to be detained all persons arrested by order of the High Court or committed to his or her custody by any order of that court, or by any competent authority authorised by this Act.
(4)A refusal by such sheriff or any deputy-sheriff to perform any act which he or she is by law empowered to perform, shall be subject to review by the High Court on application ex parte or on notice, as the circumstances may require.

33. Liability for acts of sheriff

(1)The State shall be liable for any loss or damage resulting from any wrongful act performed by the sheriff or a deputy-sheriff who is an officer in the public service or an assistant of such deputy-sheriff, within the scope of his or her employment as sheriff or such deputy-sheriff or assistant or from any neglect of duty of the sheriff, or such deputy-sheriff or assistant.
(2)The sheriff or a deputy-sheriff or his or her assistant shall not be liable for damage arising out of the rescue or escape of any person arrested by him or her or committed to his or her custody, unless such rescue or escape was effected through his or her negligence or connivance, but shall in the event of the rescue or escape of any such person use all lawful means for his or her pursuit, apprehension and safe custody.
(3)No proceedings shall be brought for anything done or omitted to be done in the execution of his or her office by the sheriff or any deputy-sheriff or his or her assistant in the execution of his or her office unless commenced within six months after the act was committed or the omission occurred.

34. Service of process on sheriff or deputy-sheriff

(1)Whenever any process requires to be served on the sheriff, such process may be served by the other party by delivering a copy thereof to him or her at his or her office during ordinary office hours against his or her signature.
(2)Whenever any process requires to be served on a deputy-sheriff, the said process may be served by the sheriff or by the messenger of the magistrate’s court, as the case may be: Provided, that if the messenger is himself or herself the deputy-sheriff to be so served, the said process may be served by any person appointed by the sheriff for that purpose.

35. Property not liable to be seized in execution

The sheriff or a deputy-sheriff or his or her assistant shall not seize in execution of any process -
(a)the necessary beds, bedding and wearing apparel of the person against whom execution is levied or any member of his or her family;
(b)the necessary furniture, other than beds, and household utensils in so far as they do not exceed in value the sum of R1 500;
(c)livestock, tools and agricultural implements of a farmer in so far as they do not exceed in value the sum of R1 500;
(d)any food or drink sufficient to meet the needs of such person and the members of his or her family for one month;
(e)tools and implements of trade in so far as they do not exceed in value the sum of R1 500;
(f)professional books, documents or instruments necessarily used by the debtor in his profession, in so far as they do not exceed in value the sum of R1 500; or
(g)such arms and ammunition as the debtor is in terms of any law, regulation or disciplinary order required to have in his or her possession as part of his or her equipment:
Provided that the High Court may in exceptional circumstances and on such conditions as it may determine, increase the amount specified in paragraph (b), (c), (e) or (f) to not more than four times the amount therein mentioned.

36. Offences relating to execution

Any person who -
(a)obstructs or hinders the sheriff or a deputy-sheriff or his or her assistant appointed in terms of this Act in the exercise of his or her powers, or the performance of his or her duties or functions under the provisions of this Act or any other law; or
(b)upon having been required by such sheriff, deputy-sheriff or his or her assistant in the course of the exercising of any such power, or the performance of any such duty or function, to identify himself or herself or to furnish proof of his or her identity, refuses or fails to do so or to do so to the satisfaction of such sheriff, deputy-sheriff or assistant, or furnishes a false identity or proof of identity; or
(c)being aware that goods are under arrest, interdict or attachment by order of the court, makes away with or disposes of those goods in a manner not authorised by law, or knowingly permits those goods, if in his or her possession or under his or her control, to be made away with or disposed of in such a manner; or
(d)being a judgment debtor and being required by such sheriff or deputy-sheriff or his or her assistant to point out property to satisfy a warrant issued in execution of judgment against such person -
(i)falsely declares to the sheriff or that deputy-sheriff or his or her assistant that he or she possesses no property or insufficient property to satisfy the warrant; or
(ii)while knowing of such property refuses or neglects to point out such property or to deliver it to such sheriff or deputy-sheriff or his or her assistant when requested to do so; or
(e)being a judgment debtor, refuses or neglects to comply with any requirement of such sheriff or deputy-sheriff or his or her assistant in connection with the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,
shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

37. Transmission of summonses, writs or other process and of notice of issue thereof by telegraph

In any civil proceedings -
(a)any summons, writ, warrant, rule, order, notice, document or other process of the High Court or any communication which by any law, rule of court or agreement of parties shall be served or executed upon any person, or left at the house or place of abode or business of any person, in order that such person may be affected thereby, may be transmitted by telegraph, and a telegraphic copy served or executed upon such person, or left at his or her house or place of abode or business, shall be of the same force and effect as if the original had been shown to or a copy thereof had been served or executed upon such person, or left as aforesaid, as the case may be; and
(b)any telegram from any judicial or police officer, registrar, deputy registrar, sheriff, deputy-sheriff or clerk of the court stating that a warrant or writ has been issued for the apprehension or arrest of any person required to appear in or to answer any civil suit, action or proceeding, shall be sufficient authority to any officer by law authorised to execute any such warrant or writ for the arrest and detention of such person until a sufficient period of time, not exceeding fourteen days, has elapsed to allow of the transmission of the warrant or writ to the place where such person has been arrested or is detained, unless the discharge of such person be previously ordered by a judge of the High Court: Provided that any such judge may upon cause shown order the further detention of any such person for a period to be stated in such order, but not exceeding 28 days from the date of arrest of such person.

38. Witness fees

(1)The Minister may from time to time by notice in the Gazette prescribe a tariff of allowances which shall be paid to a witness in civil proceedings before the High Court or to any person who is to accompany any such witness on account of the youth or infirmity due to old age or any other infirmity of such witness.
(2)Such notice may differentiate between persons according to the distances they have to travel to attend the court to which they are summoned or subpoenaed, or according to their professions, calling or occupations, and may empower such officers in the public service as may be specified therein, to order payment of allowances in accordance with a higher tariff than the tariff so prescribed in cases where payment of allowances in accordance with the last-mentioned tariff may cause undue hardship.

39. Rules of court

(1)The Judge-President, with the approval of the President, may make rules -
(a)to regulate the conduct of the proceedings of the High Court, and may prescribe therein -
(i)the process of the court;
(ii)the time and manner of appeal to the court;
(iii)the practice and procedure in connection with the service of any summons, pleading, subpoena or other document or in connection with the issue of interrogatories or the execution of any writ or warrant;
(iv)the compulsory examination by one or more duly registered medical practitioners of any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed and whose state of health is relevant for the determination of such damages or compensation, and the manner, time, place and responsibility for the cost of the examination, and the making available to the opposing party of any documentary report on the examination;
(v)the procedure at or in connection with any enquiry as to the mental state of any person and the judgments or orders which may be given or issued at any such enquiry;
(vi)the appointment and admission of commissioners to take evidence and examine witnesses;
(vii)the manner in which documents executed outside Namibia may be authenticated to permit of their being produced or used in any court or produced or lodged in any public office in Namibia;
(viii)the appointment and admission of sworn translators;
(ix)the proceedings of the sheriff and other officers of the court;
(x)the tariff of court fees;
(xi)the fees payable in respect of the service or execution of any process of the court (except subpoenas or warrants issued at the instance of any governmental authority in criminal matters) or in respect of the summoning of persons to answer interrogatories;
(xii)the tariff of costs and expenses which may be allowed in respect of the service or execution of any process referred to in paragraph (xi) or to persons appearing to answer interrogatories;
(xiii)the manner of determining the amount of security to be given in any case where security is required to be given and the form and manner in which such security may be given;
(xiv)the hours during which the office of the registrar is open for the transaction of business;
(xv)the manner of recording or noting of evidence and of proceedings in the court, and the custody and disposal of records or minutes of such evidence and proceedings;
(xvi)the tariff of fees chargeable by legal practitioners;
(xvii)the taxation of bills of costs, including bills of costs not relating to litigation, and the recovery of costs; and
(xviii)generally any matter which it may be necessary or expedient to prescribe in order to ensure the proper dispatch and conduct of the business of the court;
(b)to regulate the execution of judgments sounding in money against the property, salary, earnings or emoluments of a judgment debtor and in particular to provide for -
(i)the setting out of circumstances in which the process of execution of judgment debts in the High Court shall not be issued against the property of the judgment debtor;
(ii)the procedure to be followed in the execution of orders for the payment of judgment debts by way of installments;
(iii)the transfer of execution of certain judgments to a magistrate’s court established in terms of the Magistrates’ Court Act, 1944 (Act 32 of 1944), the circumstances in which such execution is transferred to a magistrate’s court, and the procedure to be followed to effect such transfer;
(iv)any other procedure to be followed to effect the transfer of the execution of certain judgments to a magistrate’s court, having regard to the jurisdiction of the magistrate’s court, the function of the magistrate’s court as a debt collecting forum and its prescribed procedures for debt collection, so as to ensure that the High Court remains efficient for the purpose of its functions, being the delivery of justice in complex matters and matters which are excluded from the jurisdiction of magistrates’ courts;
(c)to regulate execution against an immovable property of a judgment debtor where the property is the primary home of such judgment debtor, and may prescribe therein that -
(i)the sale of such property is by reserve price that is prescribed by the Judge President in the rules;
(ii)the property is sold to the highest bidder upon conditions prescribed in the rules and further that the bid of such highest bidder may not be less than the prescribed reserve price contemplated in subparagraph (i);
(d)to regulate compulsory alternative dispute resolution mechanisms in certain causes and matters that are before the court, and prescribe therein that –
(i)a judge may order the parties to refer their dispute to any of the prescribed alternative dispute resolution mechanisms; and
(ii)it is only when the alternative dispute resolution is unsuccessful and a certificate in that behalf is issued, that the parties or one of them may set the matter down for hearing or trial;
(e)to regulate the control of the litigation process by judges so as to speed up litigation in a fair, just and cost-effective manner, and may prescribe therein the power of a judge -
(i)to require the filing of witness statement and the manner of reception of such statement, and may prescribe therein that such witness statement constitutes evidence-in-chief which is in lieu of oral evidence, subject to a party’s right to cross-examine the maker of the statement;
(ii)to appoint court experts;
(iii)to require the electronic filing of process and documents with the court in all proceedings;
(iv)to impose any appropriate sanction for failure by a party to comply with the rules of the court or orders made by the court;
(v)to do all that is necessary or expedient to speed up the litigation process in the court in order to reduce costs of litigation as much as is reasonably practicable; and
(f)in which are set out –
(i)the objectives that must guide the litigation process in the court; and
(ii)the obligations of parties and legal practitioners in relation to the litigation process.
[subsection (1) substituted by Act 12 of 2013]
(2)The Judge-President may make rules for regulating the proceedings of the High Court with reference to -
(a)the times for the holding of courts;
(b)the placing on the roll of actions for hearing; and
(c)the extension or reduction, as local circumstances may require, of any period within which any act may in terms of the rules made under subsection (1) be required to be performed.

40. Saving and transitional provisions

(1)Any appointment or rules made or tariff prescribed in respect of allowances to witnesses, or deemed to have been made or prescribed, and any security given or anything done in connection with or by virtue of any such appointment under the Supreme Court of South West Africa Proclamation, 1981, shall be deemed to have been made, prescribed or done under the corresponding provisions of this Act.
(2)Unless it would in any particular case obviously be inappropriate, any reference in any other law, or in any document or register -
(a)to the Supreme Court of South West Africa, including a reference to that court as construed in accordance with the provisions of section 38(2) of the Supreme Court of South West Africa Proclamation, 1981, shall be construed as a reference to the High Court.
(b)to the registrar or any other officer of the Supreme Court of South West Africa, shall be construed as a reference to the registrar or such other officer of the High Court, as the case may be;
(c)to the Supreme Court Act, 1959, or any provision thereof, in so far as it applies in relation to the Supreme Court of South West Africa, or to the Supreme Court of South West Africa Proclamation, 1981, or any provision thereof, shall be construed as a reference or including a reference, as the case may be, to this Act or any provision thereof corresponding to any of such first-mentioned provisions.

41. Short title

This Act shall be called the High Court Act, 1990.
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History of this document

04 February 2014 this version
30 December 2011
19 July 2002
25 July 2001
20 November 1995
07 September 1995
08 October 1990
05 October 1990
Assented to

Cited documents 1

Legislation 1
1. Magistrates' Courts Act, 1944 978 citations

Documents citing this one 1093

Gazette 832
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685. Namibia Government Gazette dated 2019-04-05 number 6870
686. Namibia Government Gazette dated 2019-04-26 number 6887
687. Namibia Government Gazette dated 2019-05-10 number 6902
688. Namibia Government Gazette dated 2019-05-17 number 6908
689. Namibia Government Gazette dated 2019-05-23 number 6912
690. Namibia Government Gazette dated 2019-07-05 number 6948
691. Namibia Government Gazette dated 2019-07-12 number 6951
692. Namibia Government Gazette dated 2019-07-19 number 6957
693. Namibia Government Gazette dated 2019-07-26 number 6962
694. Namibia Government Gazette dated 2019-08-16 number 6976
695. Namibia Government Gazette dated 2019-08-30 number 6987
696. Namibia Government Gazette dated 2019-09-13 number 6995
697. Namibia Government Gazette dated 2019-09-20 number 7002
698. Namibia Government Gazette dated 2019-10-11 number 7017
699. Namibia Government Gazette dated 2019-10-18 number 7026
700. Namibia Government Gazette dated 2019-11-01 number 7037
701. Namibia Government Gazette dated 2019-11-08 number 7045
702. Namibia Government Gazette dated 2019-11-22 number 7062
703. Namibia Government Gazette dated 2020-01-10 number 7094
704. Namibia Government Gazette dated 2020-01-24 number 7101
705. Namibia Government Gazette dated 2020-01-31 number 7107
706. Namibia Government Gazette dated 2020-02-07 number 7114
707. Namibia Government Gazette dated 2020-02-14 number 7120
708. Namibia Government Gazette dated 2020-02-21 number 7127
709. Namibia Government Gazette dated 2020-03-06 number 7139
710. Namibia Government Gazette dated 2020-03-13 number 7141
711. Namibia Government Gazette dated 2020-03-20 number 7151
712. Namibia Government Gazette dated 2020-03-23 number 7152
713. Namibia Government Gazette dated 2020-03-28 number 7159
714. Namibia Government Gazette dated 2020-04-03 number 7174
715. Namibia Government Gazette dated 2020-04-28 number 7194
716. Namibia Government Gazette dated 2020-04-29 number 7198
717. Namibia Government Gazette dated 2020-05-04 number 7204
718. Namibia Government Gazette dated 2020-05-08 number 7208
719. Namibia Government Gazette dated 2020-06-05 number 7231
720. Namibia Government Gazette dated 2020-07-10 number 7268
721. Namibia Government Gazette dated 2020-08-07 number 7303
722. Namibia Government Gazette dated 2020-08-14 number 7310
723. Namibia Government Gazette dated 2020-08-21 number 7315
724. Namibia Government Gazette dated 2020-09-04 number 7328
725. Namibia Government Gazette dated 2020-10-16 number 7365
726. Namibia Government Gazette dated 2020-10-30 number 7375
727. Namibia Government Gazette dated 2020-11-06 number 7379
728. Namibia Government Gazette dated 2020-11-13 number 7387
729. Namibia Government Gazette dated 2020-11-20 number 7398
730. Namibia Government Gazette dated 2020-12-23 number 7425
731. Namibia Government Gazette dated 2021-01-08 number 7434
732. Namibia Government Gazette dated 2021-01-22 number 7441
733. Namibia Government Gazette dated 2021-02-05 number 7454
734. Namibia Government Gazette dated 2021-02-12 number 7458
735. Namibia Government Gazette dated 2021-02-26 number 7469
736. Namibia Government Gazette dated 2021-03-05 number 7477
737. Namibia Government Gazette dated 2021-03-12 number 7480
738. Namibia Government Gazette dated 2021-04-09 number 7504
739. Namibia Government Gazette dated 2021-04-16 number 7508
740. Namibia Government Gazette dated 2021-04-30 number 7523
741. Namibia Government Gazette dated 2021-05-14 number 7537
742. Namibia Government Gazette dated 2021-05-21 number 7540
743. Namibia Government Gazette dated 2021-06-04 number 7549
744. Namibia Government Gazette dated 2021-06-18 number 7555
745. Namibia Government Gazette dated 2021-06-25 number 7562
746. Namibia Government Gazette dated 2021-07-02 number 7572
747. Namibia Government Gazette dated 2021-07-16 number 7582
748. Namibia Government Gazette dated 2021-07-30 number 7592
749. Namibia Government Gazette dated 2021-08-06 number 7598
750. Namibia Government Gazette dated 2021-08-13 number 7603
751. Namibia Government Gazette dated 2021-08-20 number 7607
752. Namibia Government Gazette dated 2021-08-27 number 7612
753. Namibia Government Gazette dated 2021-09-10 number 7632
754. Namibia Government Gazette dated 2021-09-17 number 7639
755. Namibia Government Gazette dated 2021-09-24 number 7643
756. Namibia Government Gazette dated 2021-10-01 number 7645
757. Namibia Government Gazette dated 2021-10-01 number 7649
758. Namibia Government Gazette dated 2021-10-08 number 7655
759. Namibia Government Gazette dated 2021-10-22 number 7668
760. Namibia Government Gazette dated 2021-10-29 number 7672
761. Namibia Government Gazette dated 2021-11-05 number 7681
762. Namibia Government Gazette dated 2021-11-12 number 7683
763. Namibia Government Gazette dated 2021-11-19 number 7689
764. Namibia Government Gazette dated 2021-11-26 number 7691
765. Namibia Government Gazette dated 2022-01-07 number 7722
766. Namibia Government Gazette dated 2022-01-28 number 7733
767. Namibia Government Gazette dated 2022-02-04 number 7739
768. Namibia Government Gazette dated 2022-02-11 number 7745
769. Namibia Government Gazette dated 2022-02-18 number 7752
770. Namibia Government Gazette dated 2022-02-25 number 7756
771. Namibia Government Gazette dated 2022-03-04 number 7760
772. Namibia Government Gazette dated 2022-03-11 number 7763
773. Namibia Government Gazette dated 2022-03-18 number 7772
774. Namibia Government Gazette dated 2022-03-25 number 7774
775. Namibia Government Gazette dated 2022-04-08 number 7783
776. Namibia Government Gazette dated 2022-04-14 number 7789
777. Namibia Government Gazette dated 2022-04-22 number 7791
778. Namibia Government Gazette dated 2022-04-29 number 7799
779. Namibia Government Gazette dated 2022-04-29 number 7802
780. Namibia Government Gazette dated 2022-05-06 number 7804
781. Namibia Government Gazette dated 2022-05-13 number 7809
782. Namibia Government Gazette dated 2022-05-20 number 7810
783. Namibia Government Gazette dated 2022-06-03 number 7821
784. Namibia Government Gazette dated 2022-06-10 number 7824
785. Namibia Government Gazette dated 2022-06-17 number 7833
786. Namibia Government Gazette dated 2022-06-24 number 7840
787. Namibia Government Gazette dated 2022-07-08 number 7848
788. Namibia Government Gazette dated 2022-07-22 number 7858
789. Namibia Government Gazette dated 2022-07-28 number 7864
790. Namibia Government Gazette dated 2022-07-29 number 7867
791. Namibia Government Gazette dated 2022-08-19 number 7883
792. Namibia Government Gazette dated 2022-09-02 number 7893
793. Namibia Government Gazette dated 2022-09-09 number 7901
794. Namibia Government Gazette dated 2022-09-16 number 7906
795. Namibia Government Gazette dated 2022-10-14 number 7930
796. Namibia Government Gazette dated 2022-10-28 number 7940
797. Namibia Government Gazette dated 2023-01-06 number 8003
798. Namibia Government Gazette dated 2023-02-03 number 8023
799. Namibia Government Gazette dated 2023-02-10 number 8030
800. Namibia Government Gazette dated 2023-02-17 number 8032
801. Namibia Government Gazette dated 2023-02-24 number 8034
802. Namibia Government Gazette dated 2023-03-03 number 8041
803. Namibia Government Gazette dated 2023-03-10 number 8046
804. Namibia Government Gazette dated 2023-08-04 number 8168
805. Namibia Government Gazette dated 2023-08-11 number 8174
806. Namibia Government Gazette dated 2023-08-18 number 8178
807. Namibia Government Gazette dated 2023-08-25 number 8185
808. Namibia Government Gazette dated 2023-09-01 number 8204
809. Namibia Government Gazette dated 2023-09-08 number 8210
810. Namibia Government Gazette dated 2023-09-22 number 8219
811. Namibia Government Gazette dated 2023-10-06 number 8230
812. Namibia Government Gazette dated 2023-10-13 number 8234
813. Namibia Government Gazette dated 2023-10-20 number 8240
814. Namibia Government Gazette dated 2023-11-03 number 8250
815. Namibia Government Gazette dated 2023-11-17 number 8260
816. Namibia Government Gazette dated 2023-11-24 number 8264
817. Namibia Government Gazette dated 2023-12-08 number 8273
818. Namibia Government Gazette dated 2024-01-05 number 8288
819. Namibia Government Gazette dated 2024-01-12 number 8289
820. Namibia Government Gazette dated 2024-01-19 number 8293
821. Namibia Government Gazette dated 2024-01-26 number 8295
822. Namibia Government Gazette dated 2024-02-09 number 8304
823. Namibia Government Gazette dated 2024-02-16 number 8310
824. Namibia Government Gazette dated 2024-03-01 number 8319
825. Namibia Government Gazette dated 2024-03-15 number 8330
826. Namibia Government Gazette dated 2024-04-05 number 8340
827. Namibia Government Gazette dated 2024-04-12 number 8345
828. Namibia Government Gazette dated 2024-04-18 number 8350
829. Namibia Government Gazette dated 2024-04-19 number 8352
830. Namibia Government Gazette dated 2024-04-26 number 8355
831. Namibia Government Gazette dated 2024-05-03 number 8360
832. Namibia Government Gazette dated 2024-05-10 number 8364
Judgment 233
1. IA Bell Equipment Company (Namibia) (Pty) Ltd v Roadstone Quarries CC (601 of 2013) [2014] NAHCMD 306 (17 October 2014) 40 citations
2. JB Cooling and Refrigeration CC v Willemse t/a Windhoek Armature Winding and Others (APPEAL 76 of 2015) [2016] NAHCMD 8 (20 January 2016) 10 citations
3. International University of Management v Torbitt and Others (114 of 2013) [2014] NALCMD 6 (20 February 2014) 9 citations
4. Namibian Association of Medical Aid Funds v Namibian Competition Commission (APPEAL 348 of 2014) [2016] NAHCMD 80 (17 March 2016) 7 citations
5. Standard Bank Namibia Limited v Shipila and Others (69 of 2015) [2018] NASC 395 (6 July 2018) 6 citations
6. Petroneft International Glencor Energu UK Ltd and Another v Mininster of Mines and Energy and Others (APPEAL 24 of 2011) [2011] NAHC 125 (28 April 2011) 5 citations
7. Mentoor v Usebiu (Appeal Judgement) (SA 24 of 2015) [2017] NASC 12 (19 April 2017) 4 citations
8. Namibia Airports Company Limited v Menzies Aviation Namibia (Pty) Ltd and Another (HC-MD-CIV-MOT-GEN 233 of 2022) [2022] NAHCMD 403 (11 August 2022) 4 citations
9. Namibian Employers' Federation and Others v President of Republic of Namibia and Others [2020] NAHCMD 248 (23 July 2020) 4 citations
10. QKR Namibia Navachab Gold Mine (Pty) Ltd v Kwala (HC-MD-LAB-MOT-GEN 109 of 2022) [2022] NALCMD 43 (4 August 2022) 4 citations
11. AFS Group Namibia (Pty) Ltd v Chairperson of Tender Board of Namibia and Others (APPEAL 55 of 2011) [2011] NAHC 184 (1 July 2011) 3 citations
12. Di Savino v Nedbank Namibia Limited (82 of 2014) [2017] NASC 32 (7 August 2017) 3 citations
13. Mokwena v Shinguadja and Another (52 of 2011) [2013] NALCMD 10 (28 March 2013) 3 citations
14. Prosecutor General v Uuyuni (POCA 4 of 2012) [2013] NAHCMD 67 (12 March 2013) 3 citations
15. Shetu Trading CC v Chair of Tender Board for Namibia and Others (1) (APPEAL 352 of 2010) [2011] NAHC 179 (22 June 2011) 3 citations
16. Vaatz v Municipal Council of Municipality of Windhoek (APPEAL 287 of 2010) [2011] NAHC 178 (22 June 2011) 3 citations
17. Acting Deputy Sheriff for Windhoek v Nghiilwamo (HC-MD-CIV-MOT-GEN-2022/00431) [2023] NAHCMD 501 (15 August 2023) 2 citations
18. Ekandjo NO v Van Der Berg (19 of 2004) [2008] NASC 20 (12 December 2008) 2 citations
19. Fisheries Observer Agency v Evenson and Others (HC-MD-CIV-MOT-GEN 179 of 2021) [2021] NAHCMD 301 (23 June 2021) 2 citations
20. Law Society of Namibia v Kamwi (2) [2020] NAHCMD 301 (21 July 2020) 2 citations
21. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Ltd and Others (HC-MD-CIV-MOT-REV-2022/00155; INT-HC-OTH-2022/00331; INT-HC-OTH-2022/00335) [2023] NAHCMD 281 (23 May 2023) 2 citations
22. Municipal Council of Windhoek v Pioneerspark Dam Investments cc (78 of 2016) [2018] NASC 394 (22 June 2018) 2 citations
23. Shetu Trading CC v Chair of Tender Board of Namibia and Others (3) (SA 26 of 2011) [2011] NASC 12 (4 November 2011) 2 citations
24. Somaeb v Standard Bank and Others (HC-MD-CIV-MOT-GEN 443 of 2017) [2018] NAHCMD 406 (14 December 2018) 2 citations
25. United Africa Group (Pty) Ltd v Uramin Incorporated and Others (1) (2527 of 2014) [2017] NAHCMD 315 (3 November 2017) 2 citations
26. Agra Limited v Erasmus (HC-MD-CIV-ACT-CON- 761 of 2019) [2020] NAHCMD 526 (17 November 2020) 1 citation
27. Air Namibia (Pty) Ltd v Sheelongo (13 of 2014) [2015] NALCMD 14 (17 June 2015) 1 citation
28. Benjamin v S (HC-NLD-CRI-APP-CAL 14 of 2021) [2022] NAHCNLD 8 (11 February 2022) 1 citation
29. Bonsai Investments Eighty Three (Pty) Ltd v Kögl and Others (3296 of 2010) [2011] NAHC 189 (4 July 2011) 1 citation
30. Christian t/a Hope Financial Services (APPEAL 35 of 2013) [2016] NAHCMD 188 (30 June 2016) 1 citation
31. Daniel and Another v Attorney General and Others (APPEAL 430 of 2009) [2011] NAHC 66 (10 March 2011) 1 citation
32. De Wilde v Minister of Home Affairs (APPEAL 147 of 2013) [2014] NAHCMD 160 (22 May 2014) 1 citation
33. Erf No 5 Langstrand No 1 CC and Another v Minister of Regional and Local Government, Housing and Rural Development and Others (APPEAL 223 of 2006) [2017] NAHCMD 357 (8 December 2017) 1 citation
34. Goveia v Bernard and Others (HC-MD-CIV-ACT-CON-2023/02689) [2023] NAHCMD 595 (25 September 2023) 1 citation
35. Hallie Investments Number Five Hundred and Eight Two (Pty) Ltd and Another v Municipal Council for the District of Windhoek and Others (HC-MD-CIV-MOT-REV-2020/00153) [2023] NAHCMD 179 (3 April 2023) 1 citation
36. Hellens and Another v Minister of Home Affairs and Others (HC-MD-CIV MOT-GEN 71 of 2020) [2021] NAHCMD 300 (23 June 2021) 1 citation
37. Indongo Auto (Pty) Ltd Trading as Indongo Toyota v IIpinge (HC-MD-CIV-ACT-OTH-2023/05317) [2024] NAHCMD 163 (10 April 2024) 1 citation
38. Katjivena v Prime Minister of Republic of Namibia (APPEAL 265 of 2014) [2016] NAHCMD 146 (18 May 2016) 1 citation
39. Kennedy v Minister of Safety and Security [2020] NAHCMD 291 (16 July 2020) 1 citation
40. Leopard Tours Car and Camping Hire CC v Dannecker (2909 of 2006) [2016] NAHCMD 260 (9 September 2016) 1 citation
41. Maletzky and Others v Attorney General and Others (APPEAL 298 of 2009) [2010] NAHC 173 (29 October 2010) 1 citation
42. Masule v Prime Minister of the Republic of Namibia and Others (SA 89 of 2020) [2022] NASC 2 (4 February 2022) 1 citation
43. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Ltd and Others (HC-MD-CIV-MOT-REV-2022/00155) [2023] NAHCMD 378 (5 July 2023) 1 citation
44. Minister of Finance and Another v Hollard Insurance Company of Namibia Limited and Others (3) (8 of 2018) [2019] NASC 13 (28 May 2019) 1 citation
45. Nakandjembo v S (SA 12 of 2007) [2016] NASC 25 (29 November 2016) 1 citation
46. Namibia Bunker Services (Pty) Ltd v ETS Katanga Futur And Another (APPEAL 393 of 2009) [2014] NAHCMD 197 (23 June 2014) 1 citation
47. Namibian Financial Institutions Union (NAFINU) v Nedbank Namibia Ltd and Another (26 of 2015) [2015] NASC 18 (19 August 2015) 1 citation
48. Nawa-Mukena v Multichoice Namibia (Pty) Ltd and Others [2020] NAHCMD 234 (18 June 2020) 1 citation
49. New Era Investment (Pty) Ltd v Roads Authority and Others (APPEAL 5 of 2014) [2014] NAHCMD 56 (20 February 2014) 1 citation
50. Njagna Conservancy Committee v Minister of Lands and Resettlement (276 of 2013) [2016] NAHCMD 250 (18 August 2016) 1 citation
51. Prosecutor-General v Uuyini (SA 20 of 2013) [2015] NASC 13 (2 July 2015) 1 citation
52. Ribs Logistics cc v Santam Namibia Limited (551 of 2016) [2017] NAHCMD 100 (20 June 2017) 1 citation
53. Schameera Seven (7) Reg: CC 2003/2211 and Others v Standard Bank of Namibia Limited and Others (HC-MD-CIV-MOT-REV 355 of 2020) [2021] NAHCMD 449 (30 September 2021) 1 citation
54. Teek v Minister of Justice and Another (1) (3304 of 2015) [2018] NAHCMD 52 (13 March 2018) 1 citation
55. Titus v National Housing Enterprise and Others (APPEAL 9 of 2016) [2016] NAHCMD 225 (29 July 2016) 1 citation
56. Transnamib Holdings Ltd v Garoëb (wrong attachments) (SA 26 of 2003) [2005] NASC 4 (4 August 2005) 1 citation
57. Von Weidts and Another v Minister of Lands And Resettlement (1852 of 2007) [2016] NAHCMD 92 (4 April 2016) 1 citation
58. Windhoek Municipal Council v Pioneerspark Dam Investment CC (SA 70 of 2019) [2021] NASC 21 (23 June 2021) 1 citation
59. Wirtz and Others v Van Wyk and Another (SA 105/2020) [2023] NASC 16 (28 April 2023) 1 citation
60. Witvlei Meat (Pty) Ltd v Cabinet of Republic of Ministry and Others (APPEAL 446 of 2013) [2013] NAHCMD 379 (19 December 2013) 1 citation
61. Acting Deputy Sheriff Windhoek v Albertus Smith and Others (HC-MD-CIV-ACT-CON-2019/00552) [2024] NAHCMD 77 (4 March 2024)
62. Acting Deputy Sheriff for Walvis Bay v Fund constituted from the sale of the MT “Emre-T” (AC 29 of 2018) [2020] NAHCMD 544 (27 November 2020)
63. Ae Gams Data (Pty) Ltd and Others v Sebata Municipal Solutions (Pty) Ltd and Others (APPEAL 224 of 2009) [2011] NAHC 6 (21 January 2011)
64. Afshani and Another v Vaatz (1) (Appeal Judgment) (SA 9 of 2002) [2003] NASC 7 (5 March 2003)
65. Alexander v Immigration Selection Board (APPEAL 155 of 2009) [2011] NAHC 9 (27 January 2011)
66. Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014) [2022] NALCMD 74 (5 December 2022)
67. Angula v LorentzAngula Inc and Others (599 of 2015) [2017] NAHCMD 244 (21 August 2017)
68. Arandis Power (Pty) Ltd v President of Republic of Namibia and Others (SA 40 of 2016) [2018] NASC 9 (16 March 2018)
69. Arcetype Project Consultants Close Corporation v Pondola Women Trading CC and Others (HC-MD-CIV-ACT-CON-2022/01972) [2023] NAHCMD 690 (1 November 2023)
70. Attorney-General and Another v Gondwana Collection Ltd and Others (SA 11/2022) [2023] NASC 11 (26 April 2023)
71. Aussenkehr Farms (Pty) Ltd and Another v Minister of Mines and Energy and Another (SA 6 of 2002) [2003] NASC 8 (5 March 2003)
72. Balzer v Vries and Others (SA 2 of 2014) [2015] NASC 8 (17 March 2015)
73. Bank of Namibia v Trustco Bank Namibia Ltd and Others (HC-MD-CIV-MOT-GEN-2022/00530) [2024] NAHCMD 42 (9 February 2024)
74. Barnard v S (2) (CC 5 of 2013) [2018] NAHCMD 399 (6 December 2018)
75. Baumgarten v S (9 of 2016) [2017] NAHCMD 179 (30 June 2017)
76. Beukes and Another v CIC Holdings Ltd (Appeal Judgment) (SA 24 of 2003) [2005] NASC 5 (24 June 2005)
77. Beukes v Benade and Another (Appeal Judgment) (SA 15 of 2005) [2018] NASC 11 (13 April 2018)
78. Boois v Matroos (HC-MD-CIV-MOT-GEN 16 of 2022) [2022] NAHCMD 436 (25 August 2022)
79. Caterpillar Financial Services South Africa Proprietary Limited v Joto Investments CC (HC-MD-CIV-ACT-CON-2023/04551) [2024] NAHCMD 204 (30 April 2024)
80. Central Gas Namibia CC v Tipple J Energies (Pty) Ltd [2020] NAHCMD 243 (23 June 2020)
81. Central Technical Supplies v Paragon Investment JV China Huayun Group (SA 55/2022) [2024] NASC 4 (13 March 2024)
82. Chairperson of the Immigration Selection Board v Frank and Another (SA 8 of 1999) [2001] NASC 1 (5 March 2001)
83. Christian Congregation of Jehovah's Witnesses of Namibia v Social Security Commission of Namibia (2) (SA 58 of 2017) [2019] NASC 5 (3 April 2019)
84. Christian t/a Hope Financial Services and Others v LorentzAngula Inc and Others (1) (APPEAL 244 of 2007) [2011] NAHC 120 (15 April 2011)
85. Christian t/a Hope Financial Services and Others v LorentzAngula Inc and Others (2) (244 of 2007) [2012] NAHC 85 (22 March 2012)
86. Clayton v Williams (HC-MD-CIV-ACT-DEL-2021/01779) [2024] NAHCMD 63 (19 February 2024)
87. Clover Dairy Namibia (Pty) Ltd and Another v Minister of Trade And Industry and Others (APPEAL 386 of 2013) [2014] NAHCMD 245 (15 August 2014)
88. Coetzee v Rouco Auto Manufacturers (Pty) Ltd and Others (APPEAL 161 of 2015) [2015] NAHCMD 165 (7 September 2015)
89. Coffee-Lind and Associates Chartered Accountants and Others v Kotze (LCA 27 of 2017) [2019] NALCMD 10 (15 March 2019)
90. Council of the Municipality of Swakopmund v Chairperson of the Management Committee and Others (HC-MD-CIV-MOT-REV 351 of 2022) [2022] NAHCMD 665 (7 December 2022)
91. Cronje v Municipality Council of Municipality of Mariental (SA 18 of 2002) [2003] NASC 13 (1 August 2003)
92. DS of Okahandja EB Cowley v Kweenda (HC-NLD-CIV-ACT-OTH 2018 of 68) [2020] NAHCNLD 33 (4 March 2020)
93. David v Siyamba (HC-MD-CIV-APP-ATL-2023/00019) [2024] NAHCMD 128 (25 March 2024)
94. Desert Fruit (Pty) Ltd v Smith and Others (SA 34/2021) [2023] NASC 27 (28 July 2023)
95. Elifas and Others v Asino and Others (SA 60 of 2018) [2020] NASC 59 (29 October 2020)
96. Esterhuizen v Chief Registrar of High Court and Supreme Court of Namibia and Others (196 of 2010) [2011] NAHC 357 (9 December 2011)
97. Feris v Jacobs (HC-MD-CIV-ACT-CON- 2129 of 2021) [2022] NAHCMD 439 (25 August 2022)
98. First National Bank of Namibia Limited v Nghishidivali (SA 34 of 2019) [2021] NASC 50 (3 December 2021)
99. Fischer v Seelenbinder and Others (2) (SA 79 of 2019) [2021] NASC 46 (12 November 2021)
100. Fish Orange Mining Consortium (Pty) Ltd v Goaseb and Others (SA 8 of 2012) [2014] NASC 6 (28 March 2014)
101. Ganeb v Minister of Safety and Security and Another (APPEAL 160 of 2011) [2011] NAHC 262 (6 September 2011)
102. Gaoseb and Another v Standard Bank Namibia Ltd and Others (2) (SA 69 of 2011) [2015] NASC 17 (19 August 2015)
103. Gibeon Village Council v Development Bank of Namibia (SA 40 of 2020) [2022] NASC 32 (21 October 2022)
104. Goseb and Others v Minister of Regional and Local Government and Housing and Others (1) (APPEAL 332 of 2009) [2011] NAHC 54 (24 February 2011)
105. Goseb and Others v Minister of Regional and Local Government and Housing and Others (2) (APPEAL 332 of 2009) [2011] NAHC 147 (31 May 2011)
106. Government of Republic of Namibia v Fillipus (SA 50 of 2016) [2018] NASC 12 (6 April 2018)
107. Government of the Republic of Namibia v Affirmative Repositioning Movement (SA 16/2021) [2023] NASC 28 (26 July 2023)
108. Government of the Republic of Namibia v Wamuwi NO (SA 28 of 2001) [2003] NASC 11 (21 May 2003)
109. Handl v Handl (SA 1 of 2005) [2008] NASC 2 (31 March 2008)
110. Hangula v Motor Vehicle Accident Fund (1704 of 2009) [2012] NAHC 108 (18 April 2012)
111. Hanus Properties and Consultants CC and Another v Deputy Sheriff for the District of Swakopmund and Others (HC-MD-CIV-MOT-REV-2022/00359) [2023] NAHCMD 646 (13 October 2023)
112. Haw Retailers CC t/a Ark Trading and Another v Nikanor t/a Natutungeni Pamwe Construction CC (3) (SA 38 of 2013) [2015] NASC 15 (7 August 2015)
113. Hendrik Christian t/a Hope Financial Services v Usiku (HC-MD-CIV-MOT-GEN 125 of 2022) [2023] NAHCMD 56 (16 February 2023)
114. Henle t/a Namib Game Services v Wildlife Assignment International (Pty) Ltd (SA 41 of 2017) [2018] NASC 17 (27 March 2018)
115. Impala Shipping (Pty) Ltd v H & H Civil CC (AC 15 of 2001) [2001] NAHC 34 (28 September 2001)
116. In Re: Kazekondjo and Others v Minister of Safety and Security and Others (SCR 1 of 2021) [2021] NASC 43 (25 October 2021)
117. J C L Civils Namibia (Pty) Ltd v Steenkamp (SA 8 of 2006) [2006] NASC 7 (8 December 2006)
118. Janse van Rensburg v Sefofane Air Charters (Pty) Ltd and Another (50 of 2010) [2011] NALC 2 (1 February 2011)
119. Kahuure and Another In re Nguvauva and Minister of Regional and Local Government and Housing and Rural Development and Others (SA 28 of 2012) [2013] NASC 5 (18 June 2013)
120. Kamahere and Others v Government of Republic of Namibia and Others (1) (APPEAL 58 of 2014) [2014] NAHCMD 209 (10 July 2014)
121. Kamati v Namibia Rights and Responsibilities Incorporated (1 of 2012) [2013] NALCMD 1 (14 January 2013)
122. Kamwi v Minister of Lands and Resettlement and Others (2) (SA 16 of 2019) [2021] NASC 5 (29 March 2021)
123. Katjiua and Another v Swabou Investments (Pty) Ltd (767 of 2010) [2011] NAHC 291 (30 September 2011)
124. Katjivikua v Magistrate: Magisterial of Gobasis and Another (208 of 2011) [2011] NAHC 340 (4 November 2011)
125. Knouwds NO v Josea and Another (SA 5 of 2008) [2010] NASC 9 (14 September 2010)
126. Kober v McLaren NO and Others (APPEAL 386 of 2010) [2011] NAHC 209 (15 July 2011)
127. Koortzen and Others v Prosecutor General and Another (APPEAL 62 of 1997) [1997] NAHC 4 (5 September 1997)
128. Lewis Stores Namibia (Pty) Ltd v Rickerts and Others (HC-MD-LAB-MOT-GEN 146 of 2021) [2021] NALCMD 48 (9 November 2021)
129. Louw v Chairperson, District Labour Court, Windhoek and Others (APPEAL 359 of 2000) [2001] NAHC 11 (29 March 2001)
130. M Pupkewitz & Sons (Pty) Ltd t/a Pupkewitz Megabuild v Kurz (SA 25 of 2005) [2008] NASC 9 (14 July 2008)
131. Mahe Construction (Pty) Ltd v Seasonaire (SA 24 of 2001) [2002] NASC 12 (3 October 2002)
132. Makando v Disciplinary Committee for Legal Practitioners and Others (Appeal judgment) (SA 98 of 2011) [2016] NASC 2 (6 October 2016)
133. Makili and Others v Council of the Municipality of Gobabis and Others (HC-MD-CIV-MOT-REV 355 of 2021) [2021] NAHCMD 522 (9 November 2021)
134. Maletzky v President of Republic of Namibia (APPEAL 176 of 2014) [2016] NAHCMD 50 (3 March 2016)
135. Malls Tiles (Pty) Ltd v Union Tiles Windhoek (Pty) Ltd (HC-MD-CIV-ACT-CON-2019/04266) [2023] NAHCMD 134 (20 March 2023)
136. Marigold Hotel Developer (Pty) Ltd v Acting Deputy Sheriff Windhoek and Another ( (SA 51/2021) [2023] NASC 40 (3 November 2023)
137. Marmorwerke Karibib (Proprietary) Limited v Transnamib Holdings Limited (SA 92 of 2020) [2022] NASC 17 (27 May 2022)
138. Mbango v Omuthiya Town Council and Others (HC-NLD-LAB-APP-AAA-2022/00003) [2024] NAHCNLD 2 (1 February 2024)
139. Merlus Seafood Processors (Pty) Ltd v Minister of Finance (APPEAL 417 of 2009) [2011] NAHC 331 (11 November 2011)
140. Minister of Finance v Hollard Insurance Company of Namibia Limited (SA 51 of 2020) [2021] NASC 53 (29 April 2021)
141. Minister of Finance v Hollard Insurance Company of Namibia Limited and Others (SA 51 of 2020) [2021] NASC 12 (29 March 2021)
142. Minister of Home Affairs and Others v Hellens and Another (SA 64/2021) [2024] NASC 1 (1 March 2024)
143. Minister of Mines and Energy and Others v Black Range Mining (Pty) Ltd (SA 18 of 2009) [2010] NASC 7 (15 July 2010)
144. Mondo v Mondo (1283 of 2011) [2013] NAHCMD 332 (14 November 2013)
145. Moor v McDonald (APPEAL 244 of 2015) [2015] NAHCMD 261 (11 April 2015)
146. Mostert v Minister of Justice (SA 3 of 2002) [2003] NASC 4 (28 January 2003)
147. Muller and Another v Prosecutor-General (APPEAL 267 of 1999) [2000] NAHC 32 (14 December 2000)
148. Muruko v Mieze (CRIMINAL 37 of 2013) [2013] NAHCMD 228 (31 July 2013)
149. Nakuumba v Ipinge and Another (SA 17 of 2020) [2022] NASC 3 (1 March 2022)
150. Namdeb Diamond Corporation (Pty) Ltd v Coetzee (8 of 2017) [2018] NASC 402 (1 August 2018)
151. Namibia Grape Growers and Exporters Association and Others v Ministry of Mines and Energy and Others (SA 14 of 2002) [2004] NASC 6 (25 November 2004)
152. Namibia Media Holdings (Pty) Ltd v Lombard and Another (SA 23 of 2020) [2022] NASC 21 (8 July 2022)
153. Namibia Training Authority v Minister of Higher Education, Technology and Innovation (HC-MD-CIV-MOT-GEN-2022/00367) [2023] NAHCMD 185 (13 April 2023)
154. Namibia Water Corporation Limited v Kuiri Fanual Tjipangandjara (SCR 1/2023) [2023] NASC 43 (22 November 2023)
155. Nanghama v Traugott N.O and Others (I 1845 of 2014) [2021] NAHCMD 433 (28 September 2021)
156. Natangwe v S (HC-NLD-CRI-APP-CAL 52 of 2020) [2021] NAHCMD 11 (4 February 2021)
157. Nauyoma v Government of the Republic of Namibia and Another (HC-MD-CIV-MOT-GEN 340 of 2020) [2023] NAHCMD 51 (15 February 2023)
158. Ncumcara Community Forest Management Association v Environmental Commissioner (HC-MD-CIV-MOT-GEN 289 of 2022) [2022] NAHCMD 380 (29 July 2022)
159. Neis v Kasume and Others (SA 104/2020) [2023] NASC 51 (15 December 2023)
160. Northbank Diamonds Limited v FTK Holland BV and Others (SA 9 of 2001) [2002] NASC 2 (21 February 2002)
161. OTJOSONDU MINERALS (Pty) Ltd v Hochland Investments Company (Pty) Ltd (5 of 1993) [1993] NAHC 18 (6 September 1993)
162. Opperman v President of the Professional Hunting Association of Namibia (SA 4 of 2000) [2000] NASC 2 (28 November 2000)
163. Overberg Fishing Company (Pty) Ltd v Caltop Investment (Pty) Ltd (HC-MD-CIV-MOT-GEN 494 of 2021) [2022] NAHCMD 679 (9 December 2022)
164. Petherbridge Law Chambers v Acting Deputy Sheriff for District of Windhoek and Others; In Re: Haw Retailers CC t/a Ark Trading v Nikanor t/a Natutungeni Pamwe Construction and Others (APPEAL 32 of 2014) [2014] NAHCMD 232 (30 July 2014)
165. President of the Republic of Namibia and Others v Namibia Employers Federation and Another (SA 53 of 2020) [2022] NASC 28 (2 September 2022)
166. Prime Paradise International Ltd v Wilmington Savings Fund Society FSB and Others (SA 10/2023; SA 34/2023) [2023] NASC 34 (24 August 2023)
167. Prime Paradise v Wilmington Savings Fund Society FSB and Others (SA 86 of 2021; SA 92 of 2021) [2022] NASC 14 (26 April 2022)
168. Prosecutor General v Daniel and Others (15 of 2011) [2017] NASC 31 (28 July 2017)
169. Prosecutor-General v Miguel and Others (HC-MD-CIV-MOT-GEN 7 of 2017) [2017] NAHCMD 76 (14 March 2017)
170. QKR Namibia Navachab Gold Mine (PTY) LTD v Xoagub and Others (LC 41 of 2016) [2017] NALCMD 16 (28 April 2017)
171. QKR Namibia Navachab Gold Mine (Pty) Ltd v Kwala (HC-MD-LAB-MOT-GEN 109 of 2022) [2022] NAHCNLD 43 (4 August 2022)
172. R K Investment CC and Another v Union Tiles Windhoek (Pty) Ltd and Another (HC-MD-CIV-ACT-CON-2019/04266) [2024] NAHCMD 110 (13 March 2024)
173. Rashed v The Inspector-General of the Namibian Police and Others (130 of 2018) [2018] NAHCMD 165 (13 June 2018)
174. Reconnaissance Energy Namibia (PTY) Ltd v Sinonge and Others (HC-MD-CIV-MOT-GEN 144 of 2021) [2022] NAHCMD 356 (19 July 2022)
175. Redecker v Tjipueja and Others (APPEAL 15 of 2016) [2018] NAHCMD 264 (31 August 2018)
176. Registrar of Co-Operatives v Agra Co-Operative Ltd (APPEAL 277 of 2010) [2011] NAHC 266 (14 September 2011)
177. Rema Tip Top Namibia (Pty) Ltd and Others v Thalmaier and Others (APPEAL 209 of 2009) [2011] NAHC 80 (17 March 2011)
178. Rossouw v Commercial Bank of Namibia Limited (1) (SA 8 of 2002) [2003] NASC 3 (24 January 2003)
179. S v Asino and Another (CRIMINAL 34 of 2011) [2011] NAHC 337 (18 November 2011)
180. S v Bam and Another (39 of 2017) [2017] NAHCMD 170 (22 June 2017)
181. S v Conradie and Another (CC 20 of 2013) [2016] NAHCMD 263 (9 September 2016)
182. S v Dausab (CR 99/2023) [2023] NAHCMD 628 (6 October 2023)
183. S v Delie (1) (4 of 2000) [2001] NAHC 9 (19 March 2001)
184. S v Hameva and Another (Review Judgment) (CRIMINAL 29 of 2018) [2018] NAHCMD 119 (8 May 2018)
185. S v Handukeme (CRIMINAL 119 of 2007) [2007] NAHC 65 (10 August 2007)
186. S v Heidenreich (1) (218 of 1995) [1995] NAHC 21 (13 November 1995)
187. S v Heidenreich (2) (218 of 1995) [1996] NAHC 5 (22 April 1996)
188. S v Jia and Others (CR 29/2024) [2024] NAHCMD 149 (4 April 2024)
189. S v Kalundu (93 of 2012) [2012] NAHC 325 (30 November 2012)
190. S v Katjirua (CR 96/2023) [2023] NAHCMD 621 (6 October 2023)
191. S v Koch (1) (SA 13 of 2005) [2006] NASC 6 (29 November 2006)
192. S v Malumo (2) (4 of 2010) [2010] NASC 10 (14 September 2010)
193. S v Malumo and Others ; In Re: Ndala and Others v S and Others (2) (CC 32 of 2001) [2013] NAHCMD 262 (19 September 2013)
194. S v Mostert and Others (CR 141/2023) [2023] NAHCMD 787 (4 December 2023)
195. S v Musongo and Another (CR 139/2023) [2023] NAHCMD 778 (1 December 2023)
196. S v Mutjavikua (53 of 2003) [2012] NAHC 69 (16 March 2012)
197. S v Muyenga (CRIMINAL 46 of 2019) [2019] NAHCMD 221 (3 July 2019)
198. S v Myburgh (SA 21 of 2001) [2002] NASC 16 (14 October 2002)
199. S v Ngalangi and Another (CR 102/2023) [2023] NAHCMD 644 (12 October 2023)
200. S v Pameni (CR 30/2024) [2024] NAHCMD 184 (22 April 2024)
201. S v Pfeifer (CA 192 of 2008) [2011] NAHC 327 (2 November 2011)
202. S v Sheetekela and Others (CRIMINAL 2 of 2018) [2019] NASC 9 (17 April 2019)
203. S v Shipuata (CA 26 of 2011) [2013] NAHCNLD 2 (23 January 2013)
204. S v Strowitzki (3 of 1997) [2003] NASC 15 (16 September 2003)
205. S v Tashiya (29 of 2012) [2012] NAHC 329 (5 December 2012)
206. S v Valombola (6) (CRIMINAL 17 of 2020) [2020] NAHCNLD 43 (19 March 2020)
207. SME and Medium Enterprises v Hochland Park Pharmacy Close Corporation and Moloi Trading Enterprises (HC-MD-CIV-MOT-REV 214 of 2021) [2022] NAHCMD 240 (13 May 2022)
208. Schameerah Seven (7) v Standard Bank Namibia Limited (Windhoek) (HC-MD-CIV-MOT-GEN 304 of 2021) [2022] NAHCMD 545 (10 October 2022)
209. Shafuda v S (Appeal Judgement) (10 of 2015) [2017] NAHCNLD 29 (7 April 2017)
210. Shimbulu v Standard Bank Namibia Limited and Others (I 633/2016) [2023] NAHCMD 460 (1 August 2023)
211. Shipunda and Others v Africa Personnel (Pty) Ltd and Others (38 of 2011) [2014] NALCMD 38 (19 November 2014)
212. Shoprite Namibia (Pty) Ltd v Namibia Food and Allied Workers Union and Others (HC-MD-LAB-MOT-GEN 6 of 2021) [2021] NALCMD 5 (15 February 2021)
213. Sililo v Standard Bank Namibia Limited and Others (HC-MD-CIV-MOT-REV-2022/00062) [2023] NAHCMD 667 (19 October 2023)
214. Simon Hercules Steyn N.O. v Nossop Cattle Farming (Pty) Ltd (HC-MD-CIV-ACT-CON-2021/04814) [2023] NAHCMD 574 (18 September 2023)
215. Sisande v Standard Bank Namibia (SA 113/2023) [2023] NASC 53 (12 December 2023)
216. Sky Dancer CC v Windhoek Flight Training Centre (1238 of 2016) [2018] NAHCMD 138 (14 May 2018)
217. Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020) [2022] NAHCMD 622 (16 November 2022)
218. Stuttafords v Commissioner of Inland Revenue [2020] NAHCMD 397 (14 September 2020)
219. Swakop Uranium (Pty) Ltd v Lubbe [2020] NAHCMD 281 (9 July 2020)
220. Swakop Uranium (Pty) Ltd v McLaren Ian Robert and Another (SA 64 of 2020) [2022] NASC 41 (21 November 2022)
221. Tcims Industrial (Namibia) (Pty) LTD v Minister of Finance and Others (448 of 2017) [2018] NAHCMD 188 (28 June 2018)
222. Telcom Namibia Limited v Deyzel and Another (SA 25 of 2002) [2004] NASC 5 (29 October 2004)
223. Tjeundo v Government of the Republic of Namibia and Others (HC-MD-CIV-MOT-GEN 439 of 2019) [2019] NAHCMD 534 (5 December 2019)
224. Tjipangandjara v Namibia Water Corporation Limited (HC-MD-CIV-ACT-CON-2021/04068) [2023] NAHCMD 795 (5 December 2023)
225. Vaatz In Re: Schweiger v Gamikaub (Pty) Ltd (APPEAL 194 of 2005) [2005] NAHC 43 (11 November 2005)
226. Van Wyk v Old Mutual Life Assurance Company of Namibia (Ex tempore judgment) (I 3209 of 2009) [2013] NAHCMD 53 (19 February 2013)
227. Vincente and Others v Magistrate D Uusiko and Others (APPEAL 99 of 2009) [2013] NAHCMD 365 (29 November 2013)
228. Wal-Mart Stores Inc v Chairperson of Namibian Competition Commission and Others (1) (APPEAL 61 of 2011) [2011] NAHC 126 (28 April 2011)
229. Wiers v Wiers (3133 of 2011) [2014] NAHCMD 66 (26 February 2014)
230. Wilmington Savings Fund Society FSB and Another v Prime Paradise International Limited and Others (AC10/2021) [2023] NAHCMD 558 (14 August 2023)
231. Windstaan v Prosecutor-General and Others (CC 19 of 2010) [2016] NAHCMD 28 (16 February 2016)
232. Wirtz v Van Wyk (HC-MD-CIV-MOT-GEN-2020/00373) [2023] NAHCMD 601 (21 September 2023)
233. Worku v Equity Aviation Services (Namibia) (Pty) Ltd (In Liquidation) and Others (SA 19 of 2012) [2013] NASC 18 (15 November 2013)
Legislation 24
1. Agricultural (Commercial) Land Reform Act, 1995 247 citations
2. Legal Practitioners Act, 1995 246 citations
3. Banking Institutions Act, 1998 224 citations
4. Electoral Act, 2014 161 citations
5. Maintenance Act, 2003 36 citations
6. Criminal Procedure Act, 2004 18 citations
7. Microlending Act, 2018 17 citations
8. Copyright and Neighbouring Rights Protection Act, 1994 14 citations
9. International Co-operation in Criminal Matters Act, 2000 14 citations
10. Industrial Property Act, 2012 10 citations
11. Deeds Registries Act, 2015 9 citations
12. Judicial Service Commission Act, 1995 9 citations
13. Carriage by Air Act, 1946 8 citations
14. Financial Institutions and Markets Act, 2021 6 citations
15. Foreign Courts Evidence Act, 1995 4 citations
16. COVID-19 Regulations 3 citations
17. Judiciary Act, 2015 2 citations
18. Directions relating to judicial proceedings during the COVID-19 state of emergency
19. Further Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations
20. General Regulations, 1996
21. Regulations relating on Implementation of Security Council Decisions, 2014
22. Regulations relating to Conditions of Service of Judges, 2015
23. Rules for High Court regulation proceedings contemplated in chapters 5 and 6 of Prevention of Organised Crime Act, 2004
24. Suspension of Operation of Provisions of Certain Laws and Ancillary Matters Regulations
Law Reform Report 3
1. Discussion Paper on Issues relating to the Insolvency Act, 1936
2. Report on the Mental Health Bill
3. Report on the Repeal of Obsolete Laws
Discussion Paper 1
1. Discussion Paper on Locus Standi