Prison officials in Namibia unlawfully destroy wooden craft made by an inmate: what should the damages be?

A prison inmate has won his legal action against the Namibian authorities who confiscated and destroyed wooden craft he had with him in his cell. They have been ordered to pay damages to him – and their interpretation of the law, which formed the basis of their confiscation, has also been shown to have been completely wrong.

Read judgment

Alexander van Schalkwyk is a prisoner in Namibia and has spent time in several jails.

Earlier this year he appeared in the high court, Windhoek, in a different capacity, however: not as an accused, but as a claimant who wanted his rights. According to his claim, the prison authorities had destroyed some of his property and he wanted compensation.

Court moves to save vulnerable, endangered birds

It’s not often that courts have to deal with live Bateleur Eagles and Cape Vultures. But the high court in Windhoek, Namibia, has done just that. The birds weren’t actually produced in court, but the judge had to make a decision that would determine their fate. They needed to be moved from one animal sanctuary to another and it seemed that under a 1975 ordinance a permit was required from the relevant minister before the birds could be moved.

Read judgment

The application in this unusual case was brought by the N/A’AN KU SÊ Foundation, a Namibian non-profit sanctuary for wild animals and birds. It needs to transport and take guardianship of nine indigenous birds that it says are vulnerable and endangered.

Magistrate wins defamation case against accused

A Namibian magistrate has been awarded damages of N$20 000 after an accused, appearing in court before her, handed up a document in which he defamed her. Among other claims, the document, hand-written by the accused, said she was paid by the family of the complainant in the criminal case before her. The magistrate then brought a defamation action in the high court. Now she has won her case and the judge who heard the matter ordered that if the man who defamed her didn’t make her a written apology, the damages award would jump to N$30 000.

Read judgment

Oshakati magistrate, Helen Ekandjo, has more than 20 years’ experience on the bench. She might even have thought that she had seen it all – but when David David appeared before her in October 2021, it sparked a novel situation, one that has ended up in the high court with a successful defamation action.


Subscribe to RSS - Namibia