S v Kayoka and Others (CA 9 of 2010) [2010] NAHC 175 (29 October 2010)

REPUBLIC OF NAMIBIA CASE NO. CA 09/2010 IN THE HIGH COURT OF NAMIBIA In the matter between: NICOLAUS KAYOKA First Appellant JOSEPH KAMANA Second Appellant VINCENT KAMUTJONGA KASOMA Third Appellant DETLEF MBAMBO KUPEPA Fourth Appellant versus THE STATE Respondent CORAM: VAN NIEKERK, J et HINDA, AJ Heard: 28 June 2010 Delivered: 29 October 2010 _____________________________________________________________________________ JUDGMENT VAN NIEKERK, J et HINDA, AJ: [1] After having heard argument by Mr Wessels for the appellants and Mr Konga for the respondent, we reserved judgment. We have come to the conclusion that the appeal must succeed. The reasons for this decision will be provided in due course. In order not to detain the appellants any longer in custody, we have decided to make the following order in the meantime: The appeal by all four appellants succeeds. Their convictions and sentences are set aside. __________________ VAN NIEKERK, J ________________ HINDA, AJ Appearance for the parties: For appellants: Mr J Wessels Stern & Barnard For respondent: Mr Konga Office of the Prosecutor-General