Beruflich Dokumente
Kultur Dokumente
MINISTRY OF JUSTICE
Tel: (061) 292-1351 Chief Registrar
Fax: (061) 22-1686 High Court of Namibia
E-mail: chiefregistrar@mtcmobile.com.na Private Bag 13179
Enquiries: Mrs E Schickerling Windhoek
Our Ref: Term Roll NAMIBIA
Your Ref:
27 August 2010
1. Beginning third term 2010 the Judge President intend to give full effect to
High Court to re-organize the Criminal Pre-Trial Roll so that it is divided into
All first appearances in the High Court; all cases postponed from the
from;
thereto shall be called at Pre-Trial Review and the Court shall deal with
trial memoranda that do not address substance are contrary to the spirit of
Kindly be advised that the Official Registrar’s Meetings for the allocation of trial dates,
Directives, will take place on the following dates during the 2011 Legal Year:
Legal Practitioners are urged to comply with the requirements set out in the
Kindly be advised that all Pre-Trials will start at 09h00. Further take note that Pre-
who need to travel. The following dates have been allocated for Criminal Pre-Trials to
JANUARY 2011 MENTIONS ROLL 20 JANUARY 2011 09:00 24 JANUARY 2011 09:00
FEBRUARY 2011 MENTIONS ROLL 17 FEBRUARY 2011 09:00 14 FEBRUARY 2011 09:00
MARCH 2011 MENTIONS ROLL 17 MARCH 2011 09:00 14 MARCH 2011 09:00
APRIL 2011 MENTIONS ROLL 7 APRIL 2011 09:00 4 APRIL 2011 09:00
JUNE 2011 MENTIONS ROLL 16 JUNE 2011 09:00 13 JUNE 2011 09:00
JULY 2011 MENTIONS ROLL 14 JULY 2011 09:00 11 JULY 2011 09:00
SEPTEMBER 2011 MENTIONS ROLL 22 SEPTEMBER 2011 09:00 19 SEPTEMBER 2011 09:00
OCTOBER 2011 MENTIONS ROLL 13 OCTOBER 2011 09:00 10 OCTOBER 2011 09:00
NOVEMBER 2011 MENTIONS ROLL 17 NOVEMBER 2011 09:00 14 NOVEMBER 2011 09:00
Attached hereto, the External High Court Roll, 2010, 3RD Term (Windhoek) for
Attached hereto, the External High Court Roll, 2010, 3RD Term (Oshakati) for
E.E.SCHICKERLING
REGISTRAR OF THE HIGH COURT OF NAMIBIA
EXTRACT FROM CONSOLIDATED PRACTICE DIRECTIVES – PAR 35
35(1) Subject to subparagraph (2), the Prosecutor-General sets down criminal cases for
first appearance in the High Court on a date arranged with the Registrar.
(2) The first appearance in any criminal case will be for conducting a pretrial hearing
or for the Court to make a direction in terms of subparagraphs (6), (7) and (8).
(3) The Court conducts the pre-trial hearing to curtail duration of the trial by timeously
enquiring into and giving directions concerning the following matters:
(a) the delivery to the accused of the indictment and any further particulars
thereto;
(d) the notification of the trial date to the accused and requesting his or her
presence and, if he or she is younger than eighteen years of age, that of
his or her parent or guardian at the trial;
(e) the plea that the accused intends to tender at the trial;
(h) the number and availability of witnesses for the prosecution and defence;
(k) the need for any direction under sections 77(1) or 78(2) of the Criminal
Procedure Act, 1977 [Act 51 of 1977] ( hereinafter referred to as the “CPA”;
and
(l) the enquiry into any other matter that, in the opinion of the presiding Judge,
may curtail the duration of the trial.
(b) the accused may deliver to the prosecution and the Registrar not later than
ten days before a pre-trial hearing at a pre-trial memorandum containing in
sequential order factual allegations he or she makes in his or her defence
and which he or she wishes the prosecution to consider for purpose of
indicating whether it intends to take issue therewith at the trial and the
accused may refer to such memorandum when he or she considers the
extent of corroboration required to establish such an allegation at the trial.
(5) If, in the opinion of the Court, the parties have not dealt with all the matters
referred to in subparagraph (3) in a satisfactory manner at the first or at any
subsequent pre-trial hearing, it must, if possible, postpone the pre-trial hearing to
the earliest subsequent pre-trial date until the following have been recorded:
(a) that the indictment and, if requested, any further particulars thereto have
been delivered to the accused;
(b) that the contents of police dockets have been discovered by the
prosecution to the accused;
(d) whether the prosecution and the accused have agreed a trial date and the
accused has been informed of such date; and
(i) the plea he or she intends to tender at the trial and, if guilty, whether
the basis on which the accused intends to tender such plea, will be
acceptable to the prosecution;
(ii) the admissions, if any, he or she intends to make; and
(iii) if applicable, the basis of his or her defence and the particulars
thereof;
(f) the number of witnesses the accused intends to call and, if he or she is in
custody, whether he or she requires assistance in securing the presence of
those witnesses at the trial and, if so, the names and physical addresses of
those witnesses;
(g) the language is that the witnesses are likely to testified in and, if any
language other than English is likely to be used, whether an interpreter is
available for the purpose;
(h) whether the prosecution and the accused have agreed on the period to be
set aside for the trial and whether an adequate number of days have been
set aside for.
(6) Where the accused indicates in the course of a pre-trial hearing that he or she
intends to plead guilty to one or more or all of the charges preferred against him or
her, the prosecution may indicate to the Court whether or not the plea of guilty on
the basis as tendered by the accused is accepted by it, and, if so accepted, the
Court may direct that the case be disposed of either on the pre-trial hearing roll or
on a date or dates allocated for that purpose;
(7) If at any time before the trial date, the accused wishes to plead guilty on any or all
of the charges, he or she must forthwith inform the Prosecutor - General of his or
her intention to do so and on the basis on which the plea is tendered, in which
event either the accused or the Prosecutor-General may, upon no less than 10
days’ notice to the other, set the case down for hearing on the first available date
for criminal pre-trial hearings to be dealt with as if the accused has given such
indication during a pre-trial hearing in terms of subparagraph (6).
(9) The Court may direct that the matter be placed on the roll for trial if-
(a) the accused and the prosecution agree that the case can be disposed of
more expeditiously by dealing with it in that manner;
(b) upon the application of either the prosecution or the accused at the pre-trial
hearing, the Court is satisfied that, regard being had to the limited nature of
the facts in issue, the availability of witnesses and the expected duration of
the trial, the case can be disposed of more expeditiously by dealing with it
in that manner; or
(10) The Court must set down the matter for trial on dates arranged with the Registrar-
(a) and confirmed by the Court on completion of the criminal pre-trial hearing
referred to hereinbefore;
(c) with the leave of the Judge-President, in respect of matters set out in
paragraph (8).
(11) If, at any time before the trial date, either the State or the accused intends to apply
for the postponement of the trial, he or she must forthwith notify all other parties in
the case and set the application for a postponement down on the first available
date for criminal pre-trial hearings or on the trial date, whichever is the earlier.
REPUBLIC OF NAMIBIA
OSHAKATI
EXTERNAL
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
3 CRIMINAL TRIALS
EXTERNAL
1 DUTY JUDGE
ST
4 1 M0TION COURT 17 September 2010
2
LEAVE TO APPEAL: Quick Build // Mr R Arangies t/a
I 1775/05
Auto Tech
5 CRIMINAL TRIALS
1 CC 12/09 S // Kameruao
1 – 25 September 2010
3 CC 16/09 S // R Waterboer
16 September – 1 October 2010
1 A 209/09 Rema Tip Top Namibia (Pty) Ltd // Sepp Thalmaier &
Others
(Partly Heard)
2 A 249/09 Petrus Shaanika & 13 Others // The Windhoek City
Police & 3 Others – 2 judges
3 I 4048/2009 PARTLY HEARD SUMMARY JUDGMENT: Jaquel
Kakuyarukua Njembo // Herold Samuel Goraseb
1 DUTY JUDGE
ST
4 1 M0TION COURT 24 September 2010
2
LEAVE TO APPEAL: Morris Mazila Sibitwani // The
CC 24/2006
State
5 CRIMINAL TRIALS
4 CC 16/09 S // R Waterboer
16 September – 1 October 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (21 - 24 September 2010)
1 DUTY JUDGE
ND
3 2 MOTION COURT 27 September 2010
ST
4 1 MOTION COURT 1 October 2010
5 CRIMINAL TRIALS
2 CC 16/09 S // R Waterboer
16 September – 1 October 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (28 September – 1 October 2010)
1 DUTY JUDGE
ST
4 1 M0TION COURT 8 October 2010
5 CRIMINAL TRIALS
2 CC 40/09 S//Vasconcelles
6 – 19 October 2010
3
Week 5: 11 - 15 OCTOBER 2010
1 DUTY JUDGE
ST
4 1 M0TION COURT 15 October 2010
5 CRIMINAL TRIALS
1 CC 30/09 S//Vasconcelles
6 – 19 October 2010
1 DUTY JUDGE
ST
4 1 M0TION COURT 22 October 2010
5 CRIMINAL TRIALS
1 CC 30/09 S//Vasconcelles
6 – 19 October 2010
2
Week 7: 25 - 29 OCTOBER 2010
1 DUTY JUDGE
ST
4 1 M0TION COURT 29 October 2010
5 CRIMINAL TRIALS
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (26 - 29 October 2010)
1 DUTY JUDGE
ND
3 2 MOTION COURT 1 November 2010
ST
4 1 M0TION COURT 5 November 2010
5 CRIMINAL TRIALS
2 CC 27/06 S // H P Rothen
2 – 19 November 2010
CC 19/08 S // J D Hamukoro
3 – 30 November 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (2 - 5November 2010)
1 DUTY JUDGE
ST
4 1 M0TION COURT 12 November 2010
5 CRIMINAL TRIALS
2 CC 27/06 S // H P Rothen
2 – 19 November 2010
3 CC 19/08 S // J D Hamukoro
3 – 30 November 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (9 - 12November 2010)
1 DUTY JUDGE
ST
4 1 M0TION COURT 19 November 2010
5 CRIMINAL TRIALS
3 CC 27/06 S // H P Rothen
2 – 19 November 2010
4 CC 19/08 S // J D Hamukoro
3 – 30 November 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (16 – 19 November 2010)
1 LCA 02/2010 Shoprite Namibia (Pty) Ltd // Faustino Moises Paulo &
Another
2
Week 11: 22 - 26 NOVEMBER 2010
1 DUTY JUDGE
ND
3 2 MOTION COURT 22 November 2010
ST
4 1 M0TION COURT 26 November 2010
5 CRIMINAL TRIALS
2 CC 19/08 S // J D Hamukoro
3 – 30 November 2010
6
Preferential date allocated to Urgent Application by
Court
8 FLOATING ROLL: CIVIL (23 - 26 November 2010)
1 DUTY JUDGE
ND
3 2 MOTION COURT 29 November 2010
ST
4 1 M0TION COURT 3 December 2010
5 CRIMINAL TRIALS
1 CC 19/08 S // J D Hamukoro
3 – 30 November 2010