Needless to say, the application is accompanied by a certificate of urgency and the founding affidavit of the second applicant, the contents of which are duly confirmed by the first applicant. [2] Unusually, also attached to the application is a document titled, of “Notice Intention” and appears to be an additional notice of motion as it sets out or rehashes the prayers the applicants move the court to grant, being to: (a) interpret Article 12 of the Constitution fair trial; (b) interpret Article 12 (1) (b) of the Namibian Constitution; (c) interpret Article 18 of the Namibian Constitution; (d) missing bail application proceedings and police docket in trial of CPA 51 of 1977; (e) that should the Honourable Court agree with the Applicants contention, that the Honourable Court should order the Respondents to acquit or withdraw the matter or grant bail pending the reconstruction of the missing proceedings of the proceedings at Katutura Regional Court. [3] It is perhaps appropriate, before commenting on some procedural issues that arise, to set the application in perspective by chronicling the facts alleged in the papers. The applicants are Namibian citizens who are presently facing a charge of robbery with aggravating circumstances. They allege that they were arrested on 19 May, 2008 and have remained in custody ever since. They allege further that they have appeared before various magistrates over the years and that certain documents and tapes crucial to their prosecution went missing and that these have hamstrung the commencement of their trial. [4] It would also appear from their affidavit that they have previously moved some applications for bail which were unsuccessful. They allege that they have previously refused to plead when called upon because of the failure by the prosecution to provide them with the documents and tapes they allege are missing. The prosecution joined issue and filed an affidavit deposed to by the Prosecutor General in which most of the
Needless to say, the application is accompanied by a certificate of urgency and the founding affidavit of the second applicant, the contents of which are duly confirmed by the first applicant. [2] Unusually, also attached to the application is a document titled, “Notice of Intention” and appears to be an additional notice of motion as it sets out or rehashes the prayers the applicants move the court to grant, being to: (a) interpret Article 12 of the Constitution fair trial; (b) interpret Article 12 (1) (b) of the Namibian Constitution; (c) interpret Article 18 of the Namibian Constitution; (d) missing bail application proceedings and police docket in of CPA 51 of 1977; (e) that should the Honourable Court agree with the Applicants contention, that the Honourable Court should order the Respondents to acquit or withdraw the matter or grant bail pending the reconstruction of the missing proceedings of the proceedings at Katutura Regional Court. [3] It is perhaps appropriate, before commenting on some procedural issues that arise, to set the application in perspective by chronicling the facts alleged in the papers. The applicants are Namibian citizens who are presently facing a charge of robbery with aggravating circumstances. They allege that they were arrested on 19 May, 2008 and have remained in custody ever since. They allege further that they have appeared before various magistrates over the years and that certain documents and tapes crucial to their prosecution went missing and that these have hamstrung the commencement of their trial. [4] It would also appear from their affidavit that they have previously moved some applications for bail which were unsuccessful. They allege that they have previously refused to plead when called upon because of the failure by the prosecution to provide them with the documents and tapes they allege are missing. The prosecution joined issue and filed an affidavit deposed to by the Prosecutor General in which most of the trial
Nghiimbwasha%20v%20Minister%20of%20Justice%20(A%2038-2015)%20[2015]%20NAHCMD%2067%20(20%20March%202015).docx