Court delays in the dock

JUSTICE is increasingly being delayed at the highest level in the Namibian legal system, with as many as 10 judgements outstanding in matters heard by both the High Court and the Supreme Court as long ago as five years, The Namibian has established.

This is in sharp contrast to statements made at a legal conference held in Windhoek last year where Judge President Petrus Damaseb exhorted legal practitioners to be more conscientious in handling legal matters. If Court Rules were properly applied, actual trials happened, on average, within four months of applying for the matter to be placed on the court rolls, Judge Damaseb said.But closer examination of the congested legal system reveals that in some cases judges have failed to deliver judgements or reasons for rulings given for as long as five years.A former Supreme Court judge recently privately expressed serious concern over the delays in delivering judgements, warning that it created an extremely negative perception of the legal system and undermined the courts’ Constitutional role.This could lead to perceptions of corruption in the judiciary, he warned.Documentation obtained this week shows that the Law Society of Namibia (LSN) on several occasions requested the Registrar of the High and Supreme Court, EC Kastoor, to make available judgements in matters that had been heard a considerable time ago.In a letter to Kastoor as recently as June 13, the LSN listed 10 cases in which judgements remain outstanding, some of them dating back to 2001.For example, case I 1640/2001, heard by Judge Elton Hoff, in the matter Ernst August Kubirske NO / L le Roux vs the State, is still outstanding; similarly, a case between Laurentius Dickson and Sarolina Dickson against the Ministry of Home Affairs, heard by Judge Hoff on April 12 2001, is also waiting for a judgement to be delivered.Judge Hoff has a good excuse, however: he has been tied up in the Caprivi treason trial since late 2001; but other judges may have less valid excuses.Perusal of court records showed that two judgements were also still outstanding from matters heard by Judge Annel Silungwe (B Sebatane and P Matjila and 8 Others; RE Kalomo vs Master of the High Court and Two Others).The Sebatane matter was heard on March 18 2003, while judgement was reserved in the Kalomo matter, heard on July 28 2004.Current Chief Justice Peter Shivute also still owes two judgements: Gudrun Otto vs Fedsure Life Assurance and Case (P)A 207/2000, in which he extended the rule nisi in the matter of Liberty commodities Ltd // Quadrangel Namibia (Pty) Ltd // Continental Enterprise and 2 Others, heard on April 19 2002.Judge John Manyarara also still has not delivered judgement in Case (P) A 34/2005 in the matter Plastic Packaging (Pty) Ltd // Professional Support Services and Others, in an application brought by lawyer Abe Naude of legal firm Dr Weder, Kruger & Hartmann and argued before Judge Manyarara on January 30 this year.Judge Gerhard Maritz is also overdue on delivering reasons for a judgement given in the matter PE Thloro vs the Minister of Home Affairs, heard in November 2003.The wheels of justice also turn slowly in the Supreme Court: Case SA 06/2003, Manfred Moder vs Farm Audawib (Neu Schwaben), argued before the highest court in the country on June 21 2005, is also still awaiting a verdict.In his speech to the SADC Lawyers Association Conference and AGM last year, Judge Damaseb admitted that the High Court was “not entirely unjustifiably” criticised in this regard.”It is unwholesome for litigants to wait for judgement without end in sight.Access to a competent Court or Tribunal and the right to a fair and impartial trial, must, of necessity, subsume the right to receive judgement in one’s case within a reasonable period of time.It erodes the dignity and authority of the Court if there is inordinate delay in rendering of judgement,” he stated.A lack of financial resources and the court’s continued dependence on the Ministry of Justice for funding remained the main administrative obstacle in delivering justice, Judge Damaseb pointed out.It was now generally accepted that independence of the judiciary included financial independence of the courts from the State, Judge Damaseb said in expressing the hope that the Namibian courts would “sooner or later” implement this principle.John Grobler is a freelance journalist; 081 240 1587If Court Rules were properly applied, actual trials happened, on average, within four months of applying for the matter to be placed on the court rolls, Judge Damaseb said.But closer examination of the congested legal system reveals that in some cases judges have failed to deliver judgements or reasons for rulings given for as long as five years.A former Supreme Court judge recently privately expressed serious concern over the delays in delivering judgements, warning that it created an extremely negative perception of the legal system and undermined the courts’ Constitutional role.This could lead to perceptions of corruption in the judiciary, he warned.Documentation obtained this week shows that the Law Society of Namibia (LSN) on several occasions requested the Registrar of the High and Supreme Court, EC Kastoor, to make available judgements in matters that had been heard a considerable time ago.In a letter to Kastoor as recently as June 13, the LSN listed 10 cases in which judgements remain outstanding, some of them dating back to 2001.For example, case I 1640/2001, heard by Judge Elton Hoff, in the matter Ernst August Kubirske NO / L le Roux vs the State, is still outstanding; similarly, a case between Laurentius Dickson and Sarolina Dickson against the Ministry of Home Affairs, heard by Judge Hoff on April 12 2001, is also waiting for a judgement to be delivered.Judge Hoff has a good excuse, however: he has been tied up in the Caprivi treason trial since late 2001; but other judges may have less valid excuses.Perusal of court records showed that two judgements were also still outstanding from matters heard by Judge Annel Silungwe (B Sebatane and P Matjila and 8 Others; RE Kalomo vs Master of the High Court and Two Others).The Sebatane matter was heard on March 18 2003, while judgement was reserved in the Kalomo matter, heard on July 28 2004.Current Chief Justice Peter Shivute also still owes two judgements: Gudrun Otto vs Fedsure Life Assurance and Case (P)A 207/2000, in which he extended the rule nisi in the matter of Liberty commodities Ltd // Quadrangel Namibia (Pty) Ltd // Continental Enterprise and 2 Others, heard on April 19 2002.Judge John Manyarara also still has not delivered judgement in Case (P) A 34/2005 in the matter Plastic Packaging (Pty) Ltd // Professional Support Services and Others, in an application brought by lawyer Abe Naude of legal firm Dr Weder, Kruger & Hartmann and argued before Judge Manyarara on January 30 this year.Judge Gerhard Maritz is also overdue on delivering reasons for a judgement given in the matter PE Thloro vs the Minister of Home Affairs, heard in November 2003. The wheels of justice also turn slowly in the Supreme Court: Case SA 06/2003, Manfred Moder vs Farm Audawib (Neu Schwaben), argued before the highest court in the country on June 21 2005, is also still awaiting a verdict.In his speech to the SADC Lawyers Association Conference and AGM last year, Judge Damaseb admitted that the High Court was “not entirely unjustifiably” criticised in this regard.”It is unwholesome for litigants to wait for judgement without end in sight.Access to a competent Court or Tribunal and the right to a fair and impartial trial, must, of necessity, subsume the right to receive judgement in one’s case within a reasonable period of time.It erodes the dignity and authority of the Court if there is inordinate delay in rendering of judgement,” he stated.A lack of financial resources and the court’s continued dependence on the Ministry of Justice for funding remained the main administrative obstacle in delivering justice, Judge Damaseb pointed out.It was now generally accepted that independence of the judiciary included financial independence of the courts from the State, Judge Damaseb said in expressing the hope that the Namibian courts would “sooner or later” implement this principle.John Grobler is a freelance journalist; 081 240 1587