CASE
NO.: 85/2008
“Not
Reportable”
IN
THE HIGH COURT OF NAMIBIA
In
the matter between:
BEN
KAMAZE
…...............................................................................Appellant
vs
THE
STATE
…..............................................................................Respondent
CORAM:
PARKER,
J et
UNENGU,
AJ
Heard
on: 2010
February 11
Delivered
on: 2010 February 11
APPEAL
JUDGMENT
PARKER,
J [1]
The Notice of Appeal in this matter was filed out of time according
to the date stamp of the Windhoek Magistrates' Court.
[2]
And in terms of Rule 27(3) of the Rules of Court, the Court may only
condone the late filing of such Notice, if there is an application
properly before the Court in which the appellant explains to the
satisfaction of the Court the reasons for the late filing and also
show the Court that there are reasonable prospects of success. What
is more; in the instant case, the appellant knew as far back as 21
September 2009 that the State would raise such preliminary
objection, and yet no applications for condonation was filed with
the Court. We cannot accept the reason the appellant now gives to
the Court from the dock.
[3]
The law is very clear and we must not be seen as not following the
decision of this same Court on the strict requirement of a formal
application to condone late filing of Notice of Appeal.
[4]
That being the case there is no appeal properly before the Court and
the matter is dismissed.
PARKER,
J
I
agree
UNENGU,
AJ
COUNSEL
ON BEHALF OF THE APPELLANT: In
Person
COUNSEL
ON BEHALF OF THE RESPONDENT: Mrs
Nyoni
Instructed
by: The
Office of the Prosecutor-General
Kamaze v S (85/2008) [2011] NAHC 32 (11 February 2011);