S v Tooeib 1992 NR 198

O'Linn J:

Whether life imprisonment was a competent and constitutional sentence in Namibia. It was contended that it was a sentence of death and therefore unconstitutional in terms of art 6 of the constitution. It was also argued that it was in conflict with article 8 which prohibited the imposition of cruel, inhuman or degrading treatment of punishment. Regard would have to be had to the contemporary norms, aspirations, expectations, sensitivities and views of the people of Namibia. In the absence of such an enquiry the court could take judicial notice of the fact that the people of Namibia were in favor of imprisonment for life in cases of extreme gravity. Sentence of life imprisonment not unconstitutional.

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