REPUBLIC OF NAMIBIA Not Reportable IN THE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK APPEAL JUDGMENT CASE NO.: CA 27/2017 In the matter between: SERGE WEMBONDINGA APPELLANT And THE STATE RESPONDENT Neutral citation: Wembondinga v S (CA 27/2017) [2017] NAHCMD 202 (28 July 2017) CORAM: NDAUENDAPO, J and LIEBENBERG, J Heard: 16 June 2017 Delivered: 28 July 2017 Flynote: Criminal Procedure Appeal Against refusal to admit appellant to bail in – – an application on new facts Two legged test Firstly, are there new facts If yes, – – – secondly, do these new facts warrant the release of the appellant on bail Appellant – clearly a foreign national Nationality however not proven Having no fixed assets in – – Namibia Having relatives in Democratic Republic of Congo, United States of America – and Botswana No permit indicating permission to leave the Osire refugee camp The – – offence he is charged with is a serious offence Court a quo not wrong in dismissing the – application.
REPUBLIC OF NAMIBIA Not Reportable IN THE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK APPEAL JUDGMENT CASE NO.: CA 27/2017 In the matter between: SERGE WEMBONDINGA APPELLANT And THE STATE RESPONDENT Neutral citation: Wembondinga v S (CA 27/2017) [2017] NAHCMD 202 (28 July 2017) CORAM: NDAUENDAPO, J and LIEBENBERG, J Heard: 16 June 2017 Delivered: 28 July 2017 Flynote: Criminal Procedure – Appeal – Against refusal to admit appellant to bail in an application on new facts – Two legged test – Firstly, are there new facts – If yes, secondly, do these new facts warrant the release of the appellant on bail – Appellant clearly a foreign national – Nationality however not proven – Having no fixed assets in Namibia – Having relatives in Democratic Republic of Congo, United States of America and Botswana – No permit indicating permission to leave the Osire refugee camp – The offence he is charged with is a serious offence – Court a quo not wrong in dismissing the application.
Wembondinga%20v%20S%20(CA%2027-2017)%20[2017]%20NAHCMD%20%20202%20(28%20July%202017).docx