Human Rights – NamibLII

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8 documents

Title	Date
Dausab v Minister of Justice (HC-MD-CIV-MOT-GEN- 2022/00279) [2024] NAHC 331 (21 June 2024) Constitutional law — Fundamental rights — Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional	Judgment	21 June 2024
S v Bashala (CC 30 of 2018) [2022] NAHCMD 465 (8 September 2022) Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances	Judgment	8 September 2022
S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020) [2021] NAHCMD 136 (29 March 2021) Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed	Judgment	29 March 2021
Shalli v Attorney General and Another (POCA 9 of 2011) [2013] NAHCMD 5 (16 January 2013)	Judgment	16 January 2013
Case Summary: LM and Others v Government of the Republic of Namibia (1603 of 2008) [2012] NAHC 211 (30 July 2012)	Case summary	30 July 2012
LM and Others v Government of Republic of Namibia (1603 of 2008) [2012] NAHC 211 (30 July 2012) Human rights and fundamental freedoms – unlawful Sterilisation – doctrine of informed consent - the required consent must be given freely and voluntarily and should not have been induced by fear, fraud or force - such consent must also be clear and unequivocal – the lack of informed consent amounts to an assault	Judgment	30 July 2012
Hepute and Others v Minister of Mines and Energy and Another (SA 5 of 2007) [2008] NASC 16 (31 October 2008)	Judgment	31 October 2008
S v Mushwena and Others (SA 4 of 2004) [2004] NASC 2 (21 July 2004) Reported	Judgment	21 July 2004