June 27, 2023 LABOUR LAW – APPEAL – ARBITRATION – REQUIREMENT OF A PARTY REFERRING THE MATTER TO SIGN LC21 FORM IS NOT A MERE TECHNICALITY. Gatyeni v Namibia Post Limited NAHCMD (27 June 2023)
June 27, 2023 ADMINISTRATIVE LAW — ADMINISTRATIVE ACTION — REVIEW — FUNCTUS OFFICIO DOCTRINE – EXTENDED OUDEKRAAL PRINCIPLES — WHETHER FRAUD VITIATES A DECISION TAKEN BY FUNCTIONARY. CIVIL PROCEDURE – APPLICATIONS AND MOTIONS – URGENT APPLICATION – INTERDICT – REQUIREMENTS FOR INTERIM INTERDICT . Xinfeng Investments (Pty) Ltd v Minister of Mines NAHCMD (27 June 2022)
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – POINTS IN LIMINE OF FAILURE TO PROPERLY OPPOSE APPEAL to RULE 17 (16) (b) OF THE LABOUR COURT RULES. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023) Whereas the arbitrator made an ...
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – REASONABLENESS AND FAIRNESS – WHEN TO INTERFERE WITH THE DECISION OF AN EMPLOYER TO IMPOSE A SANCTION OF DISMISSAL. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023)
June 23, 2023 LEGISLATION – LEGAL PRACTITIONERS ACT 15 OF 1995 – ADMISSION OF APPLICANT WITH FOREIGN LLB TO THE JUSTICE TRAINING CENTER . Akpabio v Minister of Justice and another NASC (23 June 2023)
June 21, 2023 CIVIL PROCEDURE – APPEAL – LATE FILING OF AN APPEAL OF MORE THAN FIVE YEARS – OPPOSITION: FRIVOLOUS AND VEXATIOUS; LACK OF PROSPECTS OF SUCCESS – RIGHT TO EXECUTE JUDGMENT AND INTERDICTORY REMEDY TO SUSPEND EXECUTION. Agricultural Bank of Namibia Limited v Goliath NASC (21 June 2023)
June 19, 2023 LEGISLATION – CRIMINAL PROCEDURE ACT, 51 OF 1977 – LEGAL PRINCIPLES APPLICABLE TO APPLICATIONS FOR DISCHARGE OF ACCUSED IN TERMS OF SECTION 174. S v Thomas NAHCMD (19 June 2023)
June 16, 2023 CIVIL PROCEDURE – URGENT APPLICATION FOR SUSPENSION/STAY OF EXECUTION – POINTS IN LIMINE DISCUSSED. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company NAHCMD (16 June 2023)
June 16, 2023 CIVIL PROCEDURE – URGENT APPLICATION FOR SUSPENSION/STAY OF EXECUTION – COURT’S INHERENT JURISDICTION TO ORDER – EXCEPTIONAL CIRCUMSTANCES AND INTERESTS OF JUSTICE. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company NAHCMD (16 June 2023)
June 9, 2023 LEGISLATION – PROCUREMENT ACT, 15 OF 2015 – MONETARY THRESHOLDS; PROCUREMENT CONTRACTS – TACIT RELOCATION OF AGREEMENT; CIVIL PROCEDURE – JOINDER AND ABUSE OF PROCESS. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Limited NASC
June 7, 2023 LABOUR LAW –DISMISSAL ON CHARGE OF GROSS INSOLENCE – LEGAL PRINCIPLES APPLICABLE TO INTERFERENCE OF ARBITRATION AWARD ON APPEAL. Coca-Cola Namibia Bottling Company (Pty) Ltd v Nghiyoonanye NALCMD (7 June 2023)
June 6, 2023 CIVIL PROCEDURE – APPLICATION FOR CANCELLATION OF THE SALE IN EXECUTION OF PROPERTY. Standard Bank Namibia Limited v Groenewald NAHCMD (6 June 2023)
June 5, 2023 LABOUR LAW – REVIEW OF ARBITRATOR’S AWARD BASED ON CONDUCT OF THE ARBITRATOR IN DETERMINING POINTS IN LIMINE AND MERITS OF DISPUTE. Muchokwe v Anti-Corruption Commission NALCMD (5 June 2023)
June 5, 2023 DELICT – MOTOR VEHICLE COLLISION – VERSIONS OF PLAINTIFF AND DEFENDANT MUTUALLY DESTRUCTIVE – ONUS ON PLAINTIFF TO PROVE NEGLIGENCE ON A BALANCE OF PROBABILITIES. Markus v Angula NAHCNLD 53 (05 June 2023)
June 1, 2023 CRIMINAL PROCEDURE – SENTENCING – TRIAD FACTORS – OBJECTIVES OF PUNISHMENT – GRAVITY AND CIRCUMSTANCES OF EACH OFFENCE CONSIDERED SEPARATELY – CUMULATIVE EFFECT OF SENTENCES CONSIDERED AND RESTATED . S v Links NAHCMD 291 (01 June 2023)