Courts Across Namibia Face Disruption as Magistrates Go on Strike
Courts across Namibia experienced a significant disruption yesterday as magistrates initiated a work stoppage, causing widespread confusion and delays in the judicial process. The action has left many cases postponed, with some courts shutting down entirely while others saw magistrates refusing to enter courtrooms.
At the center of the dispute is the Magistrates Commission’s decision to advertise several temporary judicial posts, including six regional court magistrates, three principal magistrates, 15 senior magistrates, and three magistrates. This move has sparked dissatisfaction among judicial officers, who feel that their concerns have not been adequately addressed.
The Magistrates’ and Judges’ Association of Namibia, representing 82 magistrates nationwide, has urged judicial officers to continue working while consultations are ongoing. However, the current situation has led to frustration among the public and legal professionals alike.
A Bethanie police officer, who wished to remain anonymous, highlighted the growing concern over the delays. “It is not known when the local court will announce new dates for trials,” he said. “The postponements are unnecessary, as justice delayed is justice denied.”
He pointed out the strain on holding cells, where individuals accused of petty crimes remain detained at a cost to taxpayers. “Some of these people could have gone home already. But they must stay here, which is unfair,” he added.
Impact on the Public
In Omaruru Magistrates’ Court, the day started normally, with accused individuals being called and members of the public filling the gallery. However, this changed when police officers began directing people out of the courtroom.
Esmerelda Gomachas, a resident, described the sudden shift. “We were just informed that there would be no court cases heard and that we should leave. We were shocked. Only when we asked what was going on, were we informed that magistrates are reportedly on strike,” she said.
Gomachas’ brother, arrested three months ago for assault, was supposed to apply for bail. “It’s unfair. This is not how justice should work,” she said. “We collected all the money from family members for possible bail. But now we are going home empty-handed, not even knowing when to come back.”
Her brother, who has been in custody for three months, is also disappointed by the situation. “This is not how justice should work,” she reiterated.
Response from Court Staff
An employee at Omaruru Magistrates’ Court confirmed that magistrates arrived on time but then locked themselves in their offices. “They arrived on time as usual and stayed in their offices until 13h00. They went to lunch and came back. They refuse to take cases today,” the employee said.
A source at Grootfontein expressed sympathy for community members who showed up in support of their family members during bail hearings. While acknowledging the challenges, the source noted that there has been no unrest from the community, who seem to understand the situation.
“Many cases get postponed as a norm, either because investigations are not complete or the person does not have legal representation. But this time the community members or families just had to accept that it is what it is,” the source said.
Unaffected Courts Continue Operations
Despite the disruptions, some courts have continued operations without interruption. The Otjiwarongo, Lüderitz, and Keetmanshoop magistrates’ courts have indicated that their trials are proceeding as normal.
Claudia Khareses, chief administrator at Otjiwarongo Magistrates’ Court, urged both accused individuals and witnesses not to stay away from court. “Our magistrates are at work and are hearing cases. We have trials at the moment, so we cannot postpone them. I urge those who already received their summonses to be here this week and not to stay away,” she said.
Background and Government Response
Three weeks ago, magistrates and judges threatened legal action if the government proceeded with recruiting 27 temporary magistrates. They are also upset about the government dropping the requirement of 10 years’ bench experience for serving officers.
On Tuesday evening, Chief Justice Peter Shivute urged magistrates to halt a planned partial work stoppage while consultations on their grievances continue. A statement from the Office of the Judiciary mentioned that the chief justice convened a meeting with the Magistrates Commission and senior officials to discuss the matter following reports of a looming nationwide strike.
Viktoria Hango, public relations deputy director, stated, “The Office of the Judiciary has taken note of the concerns raised by the magistrates and assures all members of the magistracy that the matter will receive urgent and careful attention through consultations between key stakeholders.”
She emphasized that while the concerns are acknowledged, magistrates are expected to continue carrying out their duties during the consultation process.
The judiciary is currently meeting with the judges and magistrates association to address the issues at hand.