Magdalena Stoffels 'case' makes comeback
Hope glimmers for man who says he was victimised in the aftermath of the murder of Magdalena Stoffels, as the Supreme Court struck from the roll the government lawyers' special plea against the man's lawsuit for malicious prosecution.
On Friday, the court ordered that the lawsuit by Junias Fillipus for malicious prosecution be heard in the High Court.
Judge of Appeal at the Supreme Court Dave Smuts concurred with by Deputy Judge President Petrus Damaseb and Acting Judge of Appeal Theo Frank, ruled that leave to appeal was required to launch the special plea, which the government did not do.
All three of Fillipus' damages claims amounted to N$2.7 million. Fillipus is demanding N$200 000 compensation for unlawful arrest, N$2 million for wrongful detention, as well as N$500 000 for malicious prosecution.
He was arrested in July 2010 after Magdalena Stoffels, a high school student was found dead in a riverbed in the vicinity of Dawid Bezuidenhout Senior Secondary School in Khomasdal. He was detained for 191 days until charges against him were withdrawn in May 2011 after forensic evidence could not link him to the charge of rape and murder.
Smuts stated that when the High Court Act was passed in 1990, leave to appeal was required in all civil appeals in South Africa where there was no longer reference to interlocutory orders in its legislation governing appeals.
He said Namibian jurisprudence in section 18 of the High Court Act has evolved in the context of the different legislative provisions applied in Namibia and South Africa, with Namibia proceeding to develop its own jurisprudence in the area. The Namibian court interpreted section 18(3) of the High Court Act to the effect that interlocutory orders are not appealable except with leave.
He stated that Chief Justice Peter Shivute conducted a detailed survey and analysis of decisions of the Supreme Court and the leading cases in South Africa before and after the procedure of appeals had been amended in 1982.
FRED GOEIEMAN
On Friday, the court ordered that the lawsuit by Junias Fillipus for malicious prosecution be heard in the High Court.
Judge of Appeal at the Supreme Court Dave Smuts concurred with by Deputy Judge President Petrus Damaseb and Acting Judge of Appeal Theo Frank, ruled that leave to appeal was required to launch the special plea, which the government did not do.
All three of Fillipus' damages claims amounted to N$2.7 million. Fillipus is demanding N$200 000 compensation for unlawful arrest, N$2 million for wrongful detention, as well as N$500 000 for malicious prosecution.
He was arrested in July 2010 after Magdalena Stoffels, a high school student was found dead in a riverbed in the vicinity of Dawid Bezuidenhout Senior Secondary School in Khomasdal. He was detained for 191 days until charges against him were withdrawn in May 2011 after forensic evidence could not link him to the charge of rape and murder.
Smuts stated that when the High Court Act was passed in 1990, leave to appeal was required in all civil appeals in South Africa where there was no longer reference to interlocutory orders in its legislation governing appeals.
He said Namibian jurisprudence in section 18 of the High Court Act has evolved in the context of the different legislative provisions applied in Namibia and South Africa, with Namibia proceeding to develop its own jurisprudence in the area. The Namibian court interpreted section 18(3) of the High Court Act to the effect that interlocutory orders are not appealable except with leave.
He stated that Chief Justice Peter Shivute conducted a detailed survey and analysis of decisions of the Supreme Court and the leading cases in South Africa before and after the procedure of appeals had been amended in 1982.
FRED GOEIEMAN
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