Magistrates’ strike delays Oshana funerals, triggers severe police cell overcrowding

The nationwide strike by lower court magistrates has delayed the release of bodies for funerals in the Oshana region because postmortem examinations are completed, but no magistrates are available to sign them off.

Oshana police commander Naftal Sakaria yesterday told The Namibian that families had to wait to conclude burials of their loved ones until a willing magistrate could be located.

Sakaria said the police were forced to look for a magistrate between Ondangwa and Oshakati to assist.

“The signing of the postmortems were delayed because we had to go from court to court looking for a magistrate willing to assist,” Sakaria said.

The commissioner said the police have experienced two cases where families approached them requesting the release of bodies for funeral arrangements.

OVERCROWDED CELLS

Sakaria said because trials, case continuations and bail hearings are not taking place, the police face challenges that include feeding inmates, preventing contraband from entering holding cells and managing the inmates.

He said on average, police holding cells in the Oshana region are over capacity by 50%, meaning if a holding cell was meant for 100 inmates, it now holds 150 to 200 inmates. In such circumstances, the police are required to feed all the inmates with the same budget for 100 inmates, as purchasing orders are done on a monthly basis.

Sakaria added that frequent hospital and clinic visits for inmates compromise security, as thorough searches are not conducted when inmate numbers are high, allowing contraband to enter police cells.

“This is how holding cells become a danger not only for the police but for other inmates as well, because weapons can be smuggled in. So with no court hearings, there is no movement of inmates. Everybody stays inside and the situation gets worse because arrests are taking place,” said Sakaria.

Omusati police commissioner Ismael Basson says they will only know this week if there will be movement in the courts and within holding cells.

“When cases are being heard people can get released through acquittals, bail or a case being withdrawn here and there. Otherwise, nothing moves,” he says.

Basson says the improvement in police cell overcrowding made prior to the magistrates’ strike has diminished, but he adds that all three courts at Outapi are back in session.

He says the Omusati region has also faced delays with the signing-off of postmortem examinations.

Khomas police commander Johanna Nugondo says she is not briefed about the strike or its impact on police holding cells and postmortems.

Judicial officers who spoke on condition of anonymity at various courts have given mixed responses on whether the go-slow is continuing.

A judicial officer at Eenhana in the Ohangwena region says the magistrates are not signing documents or hearing cases.

A court official at Aranos in the Hardap region says magistrates are attending only to first court appearances but not to trials, case continuations or bail hearings.

“We do not know if the magistrates are still on strike or not. We are informing them of the cases,” says the official.

A clerk at Bethanie in the ||Kharas region says there will be no magistrates for Bethanie until 1 December.

Justice minister Wise Immanuel says any continued ‘go-slow’ at magistrates’ courts will be taken seriously.

The minister had approached the High Court seeking an order to compel them back to their courtrooms, but sworn testimony from the magistrates made his urgent application unnecessary on Friday.

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