REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI REVIEW JUDGMENT Case no.: CR 16/2017 In the matter between: THE STATE and MATHEUS NANGOLO ACCUSED HIGH COURT NLD REVIEW CASE REF NO: 170/2016 Neutral citation: S v Nangolo (CR16 /2017) [2017] NAHCNLD 90 (5 September 2017) Coram: TOMMASI J and JANUARY J Delivered: 5 September 2017 Flynote: Criminal Procedure Section 77(6) of the Criminal Procedure Act ― does not make provision for the given by the court a quo S v Narib; S v ― Nyambali 2010 (1) NR 273 (HC) already dealt with a similar order Held that the ― South African amendment to s 77(6) of Criminal Procedure Act 51 of 1977 not applicable in Namibia Order in terms of s 77(6) is neither a conviction nor an ― acquittal and is therefore not subject to review in terms of s 304 of Act 51 of 1977. ___________________________________________________________________
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI REVIEW JUDGMENT Case no.: CR 16/2017 In the matter between: THE STATE and MATHEUS NANGOLO ACCUSED HIGH COURT NLD REVIEW CASE REF NO: 170/2016 Neutral citation: S v Nangolo (CR16 /2017) [2017] NAHCNLD 90 (5 September 2017) Coram: TOMMASI J and JANUARY J Delivered: 5 September 2017 Flynote: Criminal Procedure ― Section 77(6) of the Criminal Procedure Act does not make provision for the given by the court a quo ― S v Narib; S v Nyambali 2010 (1) NR 273 (HC) already dealt with a similar order ― Held that the South African amendment to s 77(6) of Criminal Procedure Act 51 of 1977 not applicable in Namibia ― Order in terms of s 77(6) is neither a conviction nor an acquittal and is therefore not subject to review in terms of s 304 of Act 51 of 1977. ___________________________________________________________________