REPUBLIC OF NAMIBIA
IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI
REVIEW JUDGMENT
Case Title: The State v Tobias Ndakalako Shihepo | Case No: CR 44/2019 | |
Division of Court: Northern Local Division | ||
Heard before: Honourable Mr. Justice January J et Honourable Ms. Justice Salionga J | Delivered on: 16 December 2019 | |
Neutral citation: S v Shihepo (CR 44/2019) [2019] NAHCNLD 143 (16 December 2019) | ||
The order:
| ||
Reasons for order: | ||
JANUARY J (SALIONGA J concurring):
“(The) principle is that, if the body of the charge is clear and unambiguous in its description of the act alleged against the accused, e.g., where the offence is a statutory and not a common-law offence and the offence is correctly described in the G actual terms of the statute, the attaching of a wrong label to the offence or an error made in quoting in the charge the statute or statutory regulation alleged to have been contravened, may be regarded as an error not fatal to the charge. Hence, in circumstances such as those, an error of that nature may be corrected on review, if the Court is satisfied that the conviction is in accordance with justice, or, on appeal, if it is satisfied that no failure of justice has, in fact, resulted H therefrom.” (Per Henochsberg J in R v Ngcobo; R v Sibega 1957 (1) SA 377 (N) at 381B - D.)1 | ||
H C JANUARY JUDGE | J T SALIONGA JUDGE |
1 S v Somses 1999 NR 296 (HC) at 297 F-G