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Digashu And Another V Grn And Others; Seiler-Lilles And Another V Grn And Others (Sa 6/2022; Sa 7/2022) [2023] Nasc 14 (16 May 2023), Dunia P. Zongwe

SAIPAR Case Review

This controversy is about a powerful court that sided with a noble cause but that nonetheless decided the case so clumsily that it strengthened the adversaries’ otherwise weak counterarguments. In the groundbreaking Digashu case, the Supreme Court of Namibia recognized same-sex marriages contracted abroad. However, this decision relied so heavily on European and North American jurisprudence that it unintentionally fuels the impression and the accusations of those who claim that such recognition imposes Western values on the Namibian people. Moreover, in its efforts to recognize same-sex marriages, the Namibian apex court sacrificed the accuracy of its analysis by grossly distorting …

Sinyolo Muchiya V The People Appeal No 139/2021 [24 August 2023], O'Brien Kaaba, Ndindase Chirwa

SAIPAR Case Review

It is not often that female complainants of sexual assaults are readily believed by criminal justice institutions. Often, they are re-victimised and turned into suspects instead of being seen as victims. The law itself is often blind to their plight and unique needs. Poor and insensitive investigations, cautionary rules of evidence, insensitive cross examination, among others, combine to condemn them to secondary citizenship in the criminal justice system. Often, the criminal justice system in sexual assault cases unfairly tilts in favour of an accused without considering the needs of victims (and their families) and the public.

Fortunately, in this case …