High Court

Man loses N$1 million lawsuit against operation Hornkranz soldiers

Man loses N$1 million lawsuit against operation Hornkranz soldiers

Eba Kandovazu CONTRADICTIONS in the witness statement of a man who was suing the Namibia Defense Force (NDF) for injuries he sustained after he was allegedly assaulted by soldiers during operation Hornkranz late last year, have led to the unsuccessful N$1 million lawsuit. High Court Judge Orben Sibeya today dismissed Tuteni Petrus' lawsuit with cost, saying there were inconsistencies in his initial statement and evidence in chief when he testified in the dock. Petrus alleges he was assaulted by soldiers on the night of 31 December, 2020, after they pulled him out of a taxi. In his particulars of claim,…
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Human rights lawyer lauds gay couple’s victory judgement

Human rights lawyer lauds gay couple’s victory judgement

Eba Kandovazu HUMAN rights lawyer, Norman Tjombe, says the High Court ruling in favour of a married gay couple declaring their first born son, conceived via surrogacy, a Namibian citizen, is one to be applauded, as it places Namibia 50 years ahead in terms of human rights and equality. Phillip Luhl and Delgado Castaneda, a Mexican national approached the High Court to have their two-year-old son, Yona, declared a Namibian citizen by descent, after the Home Affairs and Immigration ministry declined him citizenship. This week, Judge Masuku ruled in favour of the couple. The ministry wanted the couple to provide…
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High court grants citizenship to children of LGBTQ+ parents

High court grants citizenship to children of LGBTQ+ parents

Tujoromajo Kasuto High Court Judge, Thomas Masuku, today granted citizenship to the son of Namibian, Phillip Lühl, and husband Guillermo Delgado, Yona, who was born via surrogacy in South Africa. Such ruling may essentially be in favor of their twin daughters Paula and Maya, who are also seek Namibian citizenship. Judge Masuku also dismissed the counter application brought by the Ministry of Home Affairs and Immigration, in which the ministry had claimed that a paternity test was needed to prove Lühl’ s biological linkage to his son. The ministry has been ordered to pay the costs of the applicants and…
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Master of the High Court sued to reimburse N$1.8m estate

Master of the High Court sued to reimburse N$1.8m estate

Tujoromajo Kasuto A WALVIS Bay woman is suing the Master of the High Court for the reimbursement of a N$1.8 million estate belonging to her late mother. This is after the Master of the High Court appointed an executor, Mervin Kozonguizi, who the beneficiaries of the estate claim did not recommend, approve, neither had knowledge of his existence before the appointment.The case was in the High Court last week before Judge Kobus Miller and has been postponed to 2 November for a hearing. In terms of the order, the defendants must file their heads of argument on or before 12…
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Sioka could face 15 months in jail for contempt of court

Sioka could face 15 months in jail for contempt of court

Eba Kandovazu THE Minister of Gender Equality, Poverty Eradication and Social Welfare, Doreen Sioka, could face a maximum 15 years custodial sentence, should the High Court convict her of contempt of court next March. The High Court could also fine her in the event that she is found guilty, or impose a suspended custodial sentence. The punishable offense is a discretion of the court. This is after outgoing Ombudsman, John Walters, filed an application to have the minister convicted for not complying with a 2020 court order compelling her to deliver a plan under oath that would see to the…
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Geingob needs better advisors

…as ill-advised labour ministry action judged to be illegal The High Court has found that the government acted against the constitution when it cherry-picked parts of the labour law and supressed certain clauses. The Minister of Labour failed by authoring this disastrous legal debacle. The Attorney General failed as he did not protect the administration by stopping the doomed labour action. Together, they exposed the president. Geingob needs better advisors. The Attorney-General, as the lawyer for the government, is supposed to do the legal research on proposed actions by the government. It is his task to go through the constitution,…
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Floodgate for job loses opens

Floodgate for job loses opens

Staff Writer The Tuesday High Court ruling in favour of employers, which declared parts of two proclamations issued by President Hage Geingob relating to the suspension of the Labour Act and also parts of the Covid-19 state of emergency regulations as unconstitutional, could spell trouble for workers. According to the National Union of Namibian Workers (NUNW), the development will not auger well for workers who had found some form of job and remuneration protection under the government regulations. “The concern is that their aim is to pay workers less, cut salaries and take away leaves days but we won’t tolerate…
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