Northern Local Division

Defamation – Claim for damages – Defamatory statements made via WhatsApp platform – Defendant alleging that plaintiff engages in sexual relations with married men, infects people with sexually transmitted diseases, and practices witchcraft – Such statements defamatory.

Criminal Procedure – Application in terms of section 174 of the Criminal Procedure Act 51 of 1977 – Discharge of accused in terms of s 174 – Applicable test considered and applied – Whether there is evidence on which a reasonable court acting carefully may convict – Principles restated – Approach to circumstantial evidence to be considered – Inferences may be drawn from proven facts in the end   ̶ Application dismissed.

Evictions – Communal land – Section 24 and 26 – Allocation – Ratification of customary land rights.

Law of Contract – Claim for damages – Alleged breach of contract.

Criminal law – Murder – Domestic Violence – Self-defence – Requirements not met – private defence rejected – Intention inferred from surrounding evidence – Convicted of murder with direct intent.

Law of Delict – Claim for damages – Alleged unlawful assault by members of the defendants.

Application proceedings – Prevention of Organised Crime Act 29 of 2004 (POCA) – Confiscation order – When to be granted – Section 32 in respect of the provisions of Chapter 5 and 6 of POCA discussed and considered in light of a common purpose and joint benefit derived – Applicant proved its case on balance of probabilities – Application granted.

Law of Delict – Plaintiff alleging seizure of his motor vehicle without lawful justification.

Law of Delict – Plaintiff claiming damages for alleged assault, as well as unlawful arrest and detention – Plaintiff to adduce sufficient evidence to satisfy the court that he is entitled to the relief sought.

 Husband and wife – Divorce – Defendant seeking spousal maintenance

Contract – Breach of contract – Claim for payment – Plaintiff relying on tacit agreement – Plaintiff must prove that there was an agreement.

Law of Delict – Motor vehicle collision – Parties alleging negligence – Onus on each party to prove what it alleges.  

 Husband and wife – Divorce – Whether marriage, in or out of community of property.

Defamation – Claim for damages – Defamatory statements circulated on social media platforms. 

Flynote:         Review – Applicant seeking to review the decisions of the respondents to discharge him from the Namibian police force – Decisions fair and reasonable

Contract – Claim for damages arising from alleged breach of verbal agreement.            

Criminal Procedure – Bail – Appeal against the magistrate’s refusal to grant bail – Section 65(4) Criminal Procedure Act 51 of 1977 – Appellate court must not set aside decision of lower court unless satisfied that decision was clearly wrong – Court found that it is not in the interest of the public and the administration of justice for the appellant to be granted bail – No misdirection found in the exercise of the magistrate’s discretion. 

Criminal Procedure – Assault with intent to do grievous bodily harm – Magistrate misdirected himself by failing to ask accused questions pertaining to the intention at the time of assaulting the complainant – Procedure followed riddled with irregularities and the accused has already served his sentence – No need to remit the matter – The conviction and sentence set aside.

Criminal Procedure – Sentence – Murder (dolus directus) – Sentencing principles – Unequivocal admissions made by the accused.