Likoro on the run three years after losing rape appeal
Convicted rapist Vincent Kapumburu Likoro remains at liberty more than three years after the Supreme Court of Namibia nullified his appeal and confirmed that his 10-year prison sentence for rape stands.
Prosecutor general Martha Imalwa told Namibian Sun yesterday that the case dates back years.
Imalwa also said she would need until next Tuesday to locate relevant information regarding Likoro's status.
Namibian Sun reached out to Likoro via WhatsApp for comment, but he did not respond.
Namibia Correctional Service Commissioner General Raphael Hamunyela told Namibian Sun yesterday that they do not have an inmate called Vincent Likoro.
"We do not have him," Hamunyela said, confirming that Likoro is “on the run”.
Conviction
Likoro was convicted of rape by the Katima Mulilo Regional Court in January 2016 and sentenced to 10 years in prison.
He filed an application for leave to appeal against both his conviction and sentence, which was initially denied by two High Court judges. Although he was later granted leave to appeal in another High Court judgment, the Supreme Court ruled that the High Court process had been marred by procedural irregularities and struck the matter from the roll. Since then, Likoro has not been re-arrested and remains at large, despite his conviction, according to sources.
In December 2017, High Court judges Christie Liebenberg and Dinnah Usiku rejected Likoro’s application for condonation for the late filing of his appeal. The judges ruled he had no prospects of success, struck the matter from the roll and cancelled his bail.
Despite the ruling, in March 2018, Likoro filed another application for leave to appeal with the High Court. This time, judges Johanna Salionga and Usiku – who was part of the first ruling – granted him leave to appeal to the Supreme Court, effectively reversing the earlier decision.
The Supreme Court, in a judgment delivered on 12 April 2022, found that the March 2018 ruling was “a grave irregularity”.
The apex court held that the High Court had no authority to overrule its own previous decision, describing the situation as one in which “two contradictory court orders existed side by side".
Incorrect advice
Justice Elton Hoff, writing for a unanimous bench that included justices Hosea Angula and Baaitse Nkabinde, wrote: “It is a grave irregularity for the second constituted High Court to overrule an order of the first court."
According to an article in the legal column ‘A matter of justice’, Legalbrief, in 2022, the judges added that it was "difficult to comprehend" why Likoro’s legal team did not advise him, “as one would have expected of seasoned legal practitioners”, that he had to appeal directly to the Supreme Court against the first High Court decision.
The Supreme Court consequently reviewed and set aside the March 2018 order, the subsequent notice of appeal filed by Likoro on 23 April 2018, and the Supreme Court proceedings heard on 14 October 2019, which were struck from the roll.
The ruling held that the original 2016 conviction and sentence handed down by the Katima Mulilo Regional Court remain valid, with the appeal set aside.
The court further noted that Likoro's only lawful course of action would have been to apply directly to the Supreme Court to overrule the first High Court judgment – a step Likoro never took.
Despite this, Likoro has not been returned to custody.
The Supreme Court judgment made no order for his immediate committal, though it recorded that the 2017 High Court decision had cancelled his bail.
It remains unclear why that cancellation has not been enforced.
The case exposes a serious procedural gap between the courts and law enforcement agencies.
No justice
The Supreme Court identified the error while working on the judgment from the second High Court appeal.
Justice Hoff emphasised that allowing such irregularities to stand “would serve as a dangerous precedent that undermines judicial authority.”
The matter now stands as concluded in law: Likoro's conviction for rape is final, his appeal invalid and his sentence unserved.
Yet, nearly a decade after the original judgment, the convicted man remains free.
Prosecutor general Martha Imalwa told Namibian Sun yesterday that the case dates back years.
Imalwa also said she would need until next Tuesday to locate relevant information regarding Likoro's status.
Namibian Sun reached out to Likoro via WhatsApp for comment, but he did not respond.
Namibia Correctional Service Commissioner General Raphael Hamunyela told Namibian Sun yesterday that they do not have an inmate called Vincent Likoro.
"We do not have him," Hamunyela said, confirming that Likoro is “on the run”.
Conviction
Likoro was convicted of rape by the Katima Mulilo Regional Court in January 2016 and sentenced to 10 years in prison.
He filed an application for leave to appeal against both his conviction and sentence, which was initially denied by two High Court judges. Although he was later granted leave to appeal in another High Court judgment, the Supreme Court ruled that the High Court process had been marred by procedural irregularities and struck the matter from the roll. Since then, Likoro has not been re-arrested and remains at large, despite his conviction, according to sources.
In December 2017, High Court judges Christie Liebenberg and Dinnah Usiku rejected Likoro’s application for condonation for the late filing of his appeal. The judges ruled he had no prospects of success, struck the matter from the roll and cancelled his bail.
Despite the ruling, in March 2018, Likoro filed another application for leave to appeal with the High Court. This time, judges Johanna Salionga and Usiku – who was part of the first ruling – granted him leave to appeal to the Supreme Court, effectively reversing the earlier decision.
The Supreme Court, in a judgment delivered on 12 April 2022, found that the March 2018 ruling was “a grave irregularity”.
The apex court held that the High Court had no authority to overrule its own previous decision, describing the situation as one in which “two contradictory court orders existed side by side".
Incorrect advice
Justice Elton Hoff, writing for a unanimous bench that included justices Hosea Angula and Baaitse Nkabinde, wrote: “It is a grave irregularity for the second constituted High Court to overrule an order of the first court."
According to an article in the legal column ‘A matter of justice’, Legalbrief, in 2022, the judges added that it was "difficult to comprehend" why Likoro’s legal team did not advise him, “as one would have expected of seasoned legal practitioners”, that he had to appeal directly to the Supreme Court against the first High Court decision.
The Supreme Court consequently reviewed and set aside the March 2018 order, the subsequent notice of appeal filed by Likoro on 23 April 2018, and the Supreme Court proceedings heard on 14 October 2019, which were struck from the roll.
The ruling held that the original 2016 conviction and sentence handed down by the Katima Mulilo Regional Court remain valid, with the appeal set aside.
The court further noted that Likoro's only lawful course of action would have been to apply directly to the Supreme Court to overrule the first High Court judgment – a step Likoro never took.
Despite this, Likoro has not been returned to custody.
The Supreme Court judgment made no order for his immediate committal, though it recorded that the 2017 High Court decision had cancelled his bail.
It remains unclear why that cancellation has not been enforced.
The case exposes a serious procedural gap between the courts and law enforcement agencies.
No justice
The Supreme Court identified the error while working on the judgment from the second High Court appeal.
Justice Hoff emphasised that allowing such irregularities to stand “would serve as a dangerous precedent that undermines judicial authority.”
The matter now stands as concluded in law: Likoro's conviction for rape is final, his appeal invalid and his sentence unserved.
Yet, nearly a decade after the original judgment, the convicted man remains free.
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