abandoned constitutional challenge to s 43 of the ACC; applicant’s the non-joinder of the Prosecutor General. The 1st, 2nd and 5th respondents are awarded their costs of opposing the review application; Such costs in respect of paragraphs 3 and 4 of this order to include the costs of one instructing and two instructed counsel in respect of 1st and 2nd respondents, and the costs of one instructing and one instructed counsel in respect of 5th respondent. ______________________________________________________________ JUDGMENT _______________________________________________________________ DAMASEB JP: [1] This is the extended return date of an interim interdict granted by this court on 6 February 2009 in favour of the applicant on an urgent basis, against ACC respondents, in the following terms: and setting aside the decision of the first and second respondents ‘1. Reviewing in terms of section 18(1)(b) of the Anti Corruption Act 8 of to 2003 (“the ACA”) conduct an investigation of the allegations against the applicant; 2. Reviewing and setting aside the decision of the first and second respondents in terms of section 18(3) of the Act that the investigation permitted by the decision contemplated in the foregoing paragraph was to be conducted by the first and second respondents; 3. Declaring the arrest of 27 November 2008 to have been unlawful; applicant’s 4. Declaring invalid the criminal proceedings instituted against the applicant in the Magistrates’ Court, Windhoek.’ [2] The interim interdict was granted pending the finalisation of review proceedings brought by the applicant on 19 December 2008 in substantially the same terms as the relief granted on an interim basis. Subsequent to the interim relief being granted and in August 2009, the applicant amended and
applicant’s abandoned constitutional challenge to s 43 of the ACC; the non-joinder of the Prosecutor General. The 1st, 2nd and 5th respondents are awarded their costs of opposing the review application; Such costs in respect of paragraphs 3 and 4 of this order to include the costs of one instructing and two instructed counsel in respect of 1st and 2nd respondents, and the costs of one instructing and one instructed counsel in respect of 5th respondent. ______________________________________________________________ JUDGMENT _______________________________________________________________ DAMASEB JP: [1] This is the extended return date of an interim interdict granted by this court on 6 February 2009 in favour of the applicant on an urgent basis, against ACC respondents, in the following terms: ‘1. Reviewing and setting aside the decision of the first and second respondents in terms of section 18(1)(b) of the Anti Corruption Act 8 of 2003 (“the ACA”) to conduct an investigation of the allegations against the applicant; 2. Reviewing and setting aside the decision of the first and second respondents in terms of section 18(3) of the Act that the investigation permitted by the decision contemplated in the foregoing paragraph was to be conducted by the first and second respondents; 3. Declaring the applicant’s arrest of 27 November 2008 to have been unlawful; 4. Declaring invalid the criminal proceedings instituted against the applicant in the Magistrates’ Court, Windhoek.’ [2] The interim interdict was granted pending the finalisation of review proceedings brought by the applicant on 19 December 2008 in substantially the same terms as the relief granted on an interim basis. Subsequent to the interim relief being granted and in August 2009, the applicant amended and