REPUBLIC OF NAMIBIA
CASE NO. CA 09/2010
IN THE HIGH COURT OF NAMIBIA
In the matter between:
NICOLAUS KAYOKA First Appellant
JOSEPH KAMANA Second Appellant
VINCENT KAMUTJONGA KASOMA Third Appellant
DETLEF MBAMBO KUPEPA Fourth Appellant
versus
THE STATE Respondent
CORAM: VAN NIEKERK, J et HINDA, AJ
Heard: 28 June 2010 Delivered: 29 October 2010
JUDGMENT
VAN NIEKERK, J et HINDA, AJ:[1] After having heard argument by Mr Wessels for the appellants and Mr Konga for the respondent, we reserved judgment. We have come to the conclusion that the appeal must succeed. The reasons for this decision will be provided in due course. In order not to detain the appellants any longer in custody, we have decided to make the following order in the meantime:
The appeal by all four appellants succeeds. Their convictions and sentences are set aside.
VAN NIEKERK, J
HINDA, AJ
Appearance for the parties:
For appellants: Mr J Wessels
Stern & Barnard
For respondent: Mr Konga
Office of the Prosecutor-General