Latest judgments

Constitutional Law - Citizenship by descent - Article 4(2) - Eligibility of a child born through surrogacy to be issued citizenship by descent - The parent of the child should be a Namibian citizen at the time of the child's birth - Purposive interpretation of the Namibian Constitution to be made - Article 144 Namibian Constitution - Binding nature of international agreements to which Namibia is a State Party - inapplicability of the Child Care Protection Act, 2015 to issues of citizenship.

The appellant (as plaintiff) instituted this action against the respondent (as defendant) for an alleged breach of the contract entered into by the parties.

Environmental law — Application to have a marine phosphate mining licence declared as having lapsed — Locus standi of applicants – All members of the fishing industry — Applicants feeling aggrieved that their fishing rights and interests in the fishing industry are threatened by the mining licence - the case they brought entails environmental issues – A

Practice - Review - High Court Act 16 of 1990, s 20 - Of magistrates' court decision - Applicants are Senior Counsel practising in South Africa - Counsel appearing in court in respect of one matter for clients on the strength of s 85 (2)- Certificates issued by the Honourable Chief Justice in terms of the Legal Practitioners Act 15 of 1995, s 85 - Applicants arrested, tried, convicted and sentenced for the crime of being prohibited immigrants in terms of Act 7 of 1993, ss 29 (5) and s 39 (1) and (2) (h) - Court finding that applicants were not prohibited immigrants nor could they have been treated as such in terms of Act 7 of 1993 - Applicants’ arrest was, therefore, unlawful and so they