03.09.2004

Editorial: Speedy Criminal Justice Can Help in Fight Against Crime

CRIME in this country appears to be continuing in its upward spiral, and linked with ways and means to deal with the scourge, is of course the necessity to speed up the administration of justice in our courts.

The words of newly-appointed Prosecutor General, Martha Imalwa, on

the need to improve things in our courts this week, were, for the

abovementioned reason, welcome.

When interviewed, Imalwa shared concerns about Namibias often

snail-paced justice system, saying she also worried about the state

of affairs dealing with criminal cases, and that one of her

priorities was to improve the workings of the courts in this

regard.

 

One of the most vexatious, and probably most prolific problem,

is the often endless postponements of cases and therefore, even

finalisation of trials.

 

If ever there was something that would serve to spur on criminal

components of our society, then it would be the knowledge that if

apprehended, their case could take years, if ever, to reach

finalisation.

 

Interviews by our reporting staff revealed that the complaints

of private lawyers focus on postponements as the most problematic

issue in what they see as an accelerating deterioration in criminal

courts.

 

Imalwa confirmed her office had been compiling statistics on the

performance of lower courts throughout the country, and this

revealed that some were better off than others.

 

The situation seems most serious in the capital itself, which

Imalwa said was made worse by resignations of prosecution staff who

were often replaced by untrained successors; as well as

under-staffing.

 

Many accused persons, unable to afford private lawyers, were

also knocking at the door of the state for representation from the

Directorate of Legal Aid, which in turn faced severe staffing

problems.

 

This in turn causes further delays in the implementation of

justice in this country.

 

On a more optimistic note, Imalwa said that there was ongoing

consultation between the various components of the criminal justice

system, which included the Police, the Directorate of Legal Aid,

her office and others, in order to work jointly to try and get

criminal courts back on a faster track.

 

Imalwa also correctly identified the fact that

properly-functioning courts were a crucial component in the fight

against crime and there is little doubt that only the criminals

themselves will benefit unless the situation is quickly

reversed.

 

Justice must be done, but most crucially it must be timeous as

well.

 

There are cases, too numerous to name, which have been dragging

on, sometimes for years, with no closure in sight.

 

The longer situations like this perpetuate, the less likely it

will be that cases will be solved and the culprits apprehended and

brought to book.

 

We need to tackle the problem of crime head-on, and there is a

lot of work to be done in this regard.

 

But it cannot be dealt with in isolation from the deficiencies

in our criminal justice system.

 

We therefore welcome the assurances from the new

Prosecutor-General and look forward to seeing a period of positive

change ahead in the administration of justice in the lower courts

of Namibia.

 

When interviewed, Imalwa shared concerns about Namibias often

snail-paced justice system, saying she also worried about the state

of affairs dealing with criminal cases, and that one of her

priorities was to improve the workings of the courts in this

regard.One of the most vexatious, and probably most prolific

problem, is the often endless postponements of cases and therefore,

even finalisation of trials.If ever there was something that would

serve to spur on criminal components of our society, then it would

be the knowledge that if apprehended, their case could take years,

if ever, to reach finalisation.Interviews by our reporting staff

revealed that the complaints of private lawyers focus on

postponements as the most problematic issue in what they see as an

accelerating deterioration in criminal courts.Imalwa confirmed her

office had been compiling statistics on the performance of lower

courts throughout the country, and this revealed that some were

better off than others.The situation seems most serious in the

capital itself, which Imalwa said was made worse by resignations of

prosecution staff who were often replaced by untrained successors;

as well as under-staffing.Many accused persons, unable to afford

private lawyers, were also knocking at the door of the state for

representation from the Directorate of Legal Aid, which in turn

faced severe staffing problems.This in turn causes further delays

in the implementation of justice in this country.On a more

optimistic note, Imalwa said that there was ongoing consultation

between the various components of the criminal justice system,

which included the Police, the Directorate of Legal Aid, her office

and others, in order to work jointly to try and get criminal courts

back on a faster track.Imalwa also correctly identified the fact

that properly-functioning courts were a crucial component in the

fight against crime and there is little doubt that only the

criminals themselves will benefit unless the situation is quickly

reversed.Justice must be done, but most crucially it must be

timeous as well.There are cases, too numerous to name, which have

been dragging on, sometimes for years, with no closure in sight.The

longer situations like this perpetuate, the less likely it will be

that cases will be solved and the culprits apprehended and brought

to book.We need to tackle the problem of crime head-on, and there

is a lot of work to be done in this regard.But it cannot be dealt

with in isolation from the deficiencies in our criminal justice

system.We therefore welcome the assurances from the new

Prosecutor-General and look forward to seeing a period of positive

change ahead in the administration of justice in the lower courts

of Namibia.