Justice system needs some serious work, says PG

WIDESPREAD concerns over Namibia’s often snail-paced criminal justice system are shared in one important office at least:that of Prosecutor General Martha Imalwa.

In an interview with The Namibian last week, Imalwa said she shares worries over the state of affairs in courts dealing with criminal cases, and that her office is working on trying to find ways, together with other actors in the criminal justice system, to improve the workings of the country’s criminal courts. Private lawyers, whose work includes criminal matters, have voiced intense frustration over what they claim is a steadily worsening situation.Their complaints mostly focus on a single manifestation of what they say is an accelerating deterioration in criminal courts:repeated postponements in most cases, with precious few trials actually being finalised.Imalwa said her office has been compiling statistics on the performance of lower courts throughout the country for the period between August last year and the end of June this year.These indicate that, in some courts at least – such as Keetmanshoop, Mariental, Swakopmund, Eenhana, Ondangwa and Katima Mulilo – the system appears to be holding up; those courts appear to still be functioning well.But in the country’s largest Magistrate’s Courts – the two lower courts in Katutura and in Lüderitz Street in Windhoek – there are problems afoot, she added, describing the situation in these courts as a major concern.A problem that her office has faced so far this year, said Imalwa, has been Public Prosecutors resigning from the State.Their places have to be filled with new additions, who first need proper training before they are able to operate at the same level as those who had departed.In addition, there are six experienced prosecutors in Windhoek who are studying at the Justice Training Centre.As a result, they have been away from work for study purposes during June and July – and will possibly again be during October and November, the PG said.She explained that the bottlenecks causing delays in the finalisation of criminal cases occur in all parts of the criminal justice system – from the Police investigation of cases, through further investigations sometimes being needed from places such as the National Forensic Science Institute of Namibia, to the prosecution and into courts as well, which frequently face the same problems of under-staffing as her office.For instance, she related, because suspects appear to be better informed of their constitutional rights, more are asking to be legally represented before their trials start.With most not able to afford private lawyers, they have to apply for State-funded legal representation from the Directorate of Legal Aid, which itself faces staff constraints that in turn translate into further delays before an accused person can be provided with legal aid.But, added Imalwa:”There is no problem which is unsolvable.”She explained that she and the key role players in other parts of the criminal justice system – such as the Chief of Lower Courts, in the Police, at the Directorate of Legal Aid – are in contact with each other to make a joint effort to get criminal courts back on a faster track.”This concern is a concern for all of us Namibians,” Imalwa remarked.She said that properly-functioning courts are a crucial component in the battle against crime, adding that if crime is allowed to continue unabated, it will undermine not only Namibia’s economic growth, but also democracy and the rule of law.For her, it is a matter of public service rather than an emphasis on monetary gain – as seems too often be the case for many who use Government service as a first training ground before they move on in pursuit of greater financial rewards elsewhere – and she would want to expect the same from her fellow Public Prosecutors, Imalwa said.”We all have a responsibility on our shoulders, and that is to do the best for our country and our people,” she explained.Clearly getting the country’s criminal courts in better working order is part of that goal she has set for herself and her colleagues.Private lawyers, whose work includes criminal matters, have voiced intense frustration over what they claim is a steadily worsening situation.Their complaints mostly focus on a single manifestation of what they say is an accelerating deterioration in criminal courts:repeated postponements in most cases, with precious few trials actually being finalised.Imalwa said her office has been compiling statistics on the performance of lower courts throughout the country for the period between August last year and the end of June this year.These indicate that, in some courts at least – such as Keetmanshoop, Mariental, Swakopmund, Eenhana, Ondangwa and Katima Mulilo – the system appears to be holding up; those courts appear to still be functioning well.But in the country’s largest Magistrate’s Courts – the two lower courts in Katutura and in Lüderitz Street in Windhoek – there are problems afoot, she added, describing the situation in these courts as a major concern.A problem that her office has faced so far this year, said Imalwa, has been Public Prosecutors resigning from the State.Their places have to be filled with new additions, who first need proper training before they are able to operate at the same level as those who had departed.In addition, there are six experienced prosecutors in Windhoek who are studying at the Justice Training Centre.As a result, they have been away from work for study purposes during June and July – and will possibly again be during October and November, the PG said.She explained that the bottlenecks causing delays in the finalisation of criminal cases occur in all parts of the criminal justice system – from the Police investigation of cases, through further investigations sometimes being needed from places such as the National Forensic Science Institute of Namibia, to the prosecution and into courts as well, which frequently face the same problems of under-staffing as her office.For instance, she related, because suspects appear to be better informed of their constitutional rights, more are asking to be legally represented before their trials start.With most not able to afford private lawyers, they have to apply for State-funded legal representation from the Directorate of Legal Aid, which itself faces staff constraints that in turn translate into further delays before an accused person can be provided with legal aid.But, added Imalwa:”There is no problem which is unsolvable.”She explained that she and the key role players in other parts of the criminal justice system – such as the Chief of Lower Courts, in the Police, at the Directorate of Legal Aid – are in contact with each other to make a joint effort to get criminal courts back on a faster track.”This concern is a concern for all of us Namibians,” Imalwa remarked.She said that properly-functioning courts are a crucial component in the battle against crime, adding that if crime is allowed to continue unabated, it will undermine not only Namibia’s economic growth, but also democracy and the rule of law.For her, it is a matter of public service rather than an emphasis on monetary gain – as seems too often be the case for many who use Government service as a first training ground before they move on in pursuit of greater financial rewards elsewhere – and she would want to expect the same from her fellow Public Prosecutors, Imalwa said.”We all have a responsibility on our shoulders, and that is to do the best for our country and our people,” she explained.Clearly getting the country’s criminal courts in better working order is part of that goal she has set for herself and her colleagues.