Magistrates STOP work countrywide

Courts across the country were paralysed yesterday as magistrates embarked on a work stoppage.

In some courts magistrates postponed cases, while others locked themselves in their offices and refused to enter courtrooms.

At the heart 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 on 15 August.

However, the Magistrates’ and Judges’ Association of Namibia, which represents 82 magistrates nationwide, warns that judicial officers are expected to continue working while consultations continue.

A Bethanie police officer, who asked to remain anonymous, tells The Namibian that it is not known when the local court will announce new dates to bring the accused people back for trials.

He says the postponements are unnecessary, as justice delayed is justice denied.”

“You must see how full these holding cells are. Some of the people in them could have gone home already because these are petty crimes. But they must remain here at a cost to the taxpayer,” he says.

At Omaruru Magistrates’ Court, the day started as on any other, with accused people being called and others filling the public gallery. However, resident Esmerelda Gomachas says police officers then chased members of the public out of the courtroom.

“We were just informed that there will 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,” says Gomachas.

She says her brother, who was arrested three months ago for assault, was supposed to apply for bail.”

It’s unfair. This is not how justice should work,” Gomachas says.

“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.

“My brother is disappointed as well, as he has been in custody for three months already.”

An Omaruru Magistrates’ Court employee says the magistrates showed up for work but then locked themselves in their offices.

“The magistrates 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,” says the employee.

A source at Grootfontein expresses sympathy with community members who showed up in support of their family members who had bail hearings.

She notes, however, that there has been no unrest from community members 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,” says the source.

The Otjiwarongo, Lüderitz and Keetmanshoop magistrates’ courts have indicated that their trials are continuing uninterrupted. Otjiwarongo Magistrates’ Court chief administrator Claudia Khareses urges both accused people 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.

“So I urge those who already received their summonses to be here this week and not to stay away,” says Khareses.

Three weeks ago, magistrates and judges threatened legal action if the government goes ahead with recruiting 27 temporary magistrates.

They are also aggrieved that the government has dropped the requirement of 10 years’ bench experience for serving officers.

On Tuesday evening, chief justice Peter Shivute urged the magistrates to halt a planned partial work stoppage while consultations on their grievances are underway.

A statement issued by the Office of the Judiciary says the chief justice convened a meeting on Tuesday with the Magistrates Commission and senior officials to discuss the matter following reports of a looming nationwide strike.

“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,” says public relations deputy director Viktoria Hango.

She says while their concerns are acknowledged, magistrates are expected to continue carrying out their duties during the consultation process.

Hango yesterday afternoon said the judiciary is meeting the judges and magistrates association.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.