The currently striking magistrates’ lawyers are rejecting minister of justice and labour relations Wise Immanuel’s claim that their strike is illegal, while negotiations over allowances and working conditions continue countrywide.
“Only a court of law can pronounce itself on the legality of the strike,” the magistrates’ legal representative, Florian Beukes, told The Namibian yesterday.
He said talks with the government are still underway as the parties have not reached consensus on housing and car allowances yet.
“We are hopeful that an agreement will be reached tonight [last night] or Tuesday [today], but if not, the strike is still on and will continue,” Beukes said.
The Magistrates’ and Judges’ Association of Namibia represents 82 magistrates nationwide.
Magistrates across the country have been refusing to return to court rooms since last week while negotiations with the government over improved salaries and working conditions are not resolved.
Some claimed they feared intimidation after the minister allegedly visited the Windhoek Magistrate’s Court in Katutura yesterday.
Immanuel on Sunday in a letter addressed to Boas Uusiku, the chairperson of the Magistrates’ Commission, said the strike is illegal and warned that failure to comply would amount to disobedience, absconding from duty, negligence or indolence in the performance of official duties, as well as conduct that brings the administration of justice and the magistracy into disrepute.
Contacted for comment yesterday, Immanuel said the ongoing industrial action and the demand for adjustments to allowances are mutually exclusive and should be handled separately.
He said the demands for adjustments in the allowances of magistrates are approved in consultation with the minister of finance to ascertain affordability and physical capacity.
The minister said the adjustment of allowances falls under disputes of interests and not disputes of rights.
They are subject to negotiation, he said.
“We are leading a country that is a constitutional democracy, and must be clear on ideals and aspirations. Every intention to destroy the country, we must shun it. We are saying: Whether we are employed by The Namibian, First National Bank or the government, nobody has that right to just show up for work and say today I’m not going to work, I will just enjoy my coffee. Nobody has that right,” Immanuel said.
He disputed trying to intimidate the magistrates yesterday.
“The court is a public space. When I hear there is nothing going on at the court, I must go see for my own first-hand experience. Can that be termed intimidation?”
The judiciary advertised several temporary judicial posts, including for six regional court magistrates, three principal magistrates, 15 senior magistrates and three magistrates on 15 August offering better pay and conditions.
Current magistrates wanting to apply for these positions must first resign.
The magistrates also object to the ministry’s decision to drop the requirement of 10 years’ bench experience for new posts.
“The magistrates want the ministry to immediately stop any move to publish or enforce the disputed pay structure and instead implement the approved version,” Beukes said yesterday.
Independent Patriots for Change member of parliament Elvis Lizazi says the magistrates’ strike exposes inequalities within the judiciary.
“The country’s justice system is facing a credibility crisis, as the ongoing magistrates’ strike exposes deep inequalities within the judiciary. The government’s delay in implementing approved benefits for magistrates since October 2023 has disrupted courts nationwide and infringed on the constitutional right to a fair trial,” he says.
The Society for Advocates also voiced concern over the strike.
According to the society, the strike is threatening fundamental rights and access to justice for all parties appearing in magistrates’ courts.
“The Society of Advocates of Namibia expresses deep concern over the unsuccessful negotiations held on 4 November 2025 between the honourable chief justice, Peter Shivute, and representatives of the Magistrates’ Commission regarding the ongoing nationwide industrial action by magistrates.
“This occurred despite assurances that the magistrates’ concerns are being addressed urgently and carefully through established institutions,” the statement reads.
The society is urging all involved to act responsibly to ensure the speedy resolution of the dispute.
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