CIVIL PROCEDURE ‒ APPLICATION TO TESTIFY USING VIDEO LINK – NOT PROVIDED FOR BY THE RULES OF THE HIGH COURT, STATUTE OR COMMON LAW PRINCIPLE ‒ ABSENCE OF STATUTORY PROVISION OR A COMMON LAW PRINCIPLE ‒ AD-HOC DECISION MAKING BY INDIVIDUAL JUDGES. CONSTITUTIONAL LAW ‒ CONSTITUTIONAL SUPREMACY OVER JUDICIAL DISCRETION ‒ ARTICLE 78 (2) OF THE CONSTITUTION ‒ DOCTRINE OF SEPARATION OF POWERS ‒ THE GENERAL POLICY OF THE COURTS TO ACKNOWLEDGE AND ADHERE TO THE DOCTRINE OF SEPARATION OF POWERS ‒ THE MAIN OBJECTIVE OF THE DOCTRINE TO PREVENT THE ABUSE OF POWER WITHIN DIFFERENT SPHERES OF GOVERNMENT. Moongo v Moongo NAHCMD 521 (22 August 2023)

This was an interlocutory application brought by Ms Moongo, seeking an order authorizing her to, at the trial of this matter give her evidence from Liverpool in the United Kingdom using a video link, because she was unable to travel to Namibia.

The plaintiff’s application in terms of s 28(1) of the High Court Act of 1990 for the issuance of a letter of request to be issued to the competent court in the United Kingdom, requesting said court to appoint a particular person to act as a commissioner to take evidence of the plaintiff using interrogatories was . . .

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