The Magistrates’ and Judges’ Association of Namibia has asked the High Court to declare parts of the Magistrates Act unconstitutional, citing executive interference in pay, perks and transfers.
In a founding affidavit, the association’s president, magistrate Victor Nyazo, argues that the provisions give the executive an overriding, controlling or veto-bearing role over the transfer, discipline, removal, remuneration and other conditions of service of magistrates, contrary to the Constitution.
The application also seeks to overturn two government decisions relating to the grading and benefits of magistrates, including the decision linking magistrates’ housing and transport allowances to public service salary grades.
Nyazo says the decisions exceed the powers granted under the Magistrates Act are procedurally unfair and irrational, and have been taken without proper consultation with the Magistrates Commission of Namibia.
According to Nyazo, the contested provisions allow ministers to exercise decisive influence over appointments, promotions, grading, remuneration, dismissals, retirement and other employment-related matters affecting magistrates.
The provisions violate those articles of the Constitution which safeguard judicial independence, the separation of powers and the right to fair administrative action.
According to court documents, the association resolved at a meeting on 6 February to institute review proceedings challenging the grading decision, which was made on 2 October 2023 and eventually published in Government Notice No 334 on 18 December 2025.
The application traces the dispute back to correspondence between former minister of finance Iipumbu Shiimi and former minister of justice Yvonne Dausab.
In a letter dated 2 October 2023, Shiimi rejected a proposed salary increase for magistrates for the 2024/25 financial year, saying it would cost an additional N$9.6 million and increase the judiciary’s wage bill by 20%.
“Given the precarious financial and economic environment, including drought, coupled with the disparities between the various grades, an increment for the financial year 2024/25 is not supported as it will be unsustainable,” Shiimi wrote.
He said increasing housing allowances would cost an additional N$2 million for the 93 affected officials, over and above the existing annual expenditure of N$6 million.
Instead, Shiimi proposed that future salary adjustments be aligned with inflation and general public service salary increases.
According to a letter from judiciary executive director Benhardt Kukuri dated 24 October 2025, magistrates receive annual housing allowances ranging from N$82 600 to N$142 100 and transport allowances ranging from N$80 708 to N$149 900.
Their total annual remuneration, including benefits, ranges from N$541 600 to N$999 400.
Although the government declined to approve salary increases, it indicated that revised housing and transport allowances would be implemented during the 2025/26 financial year and linked to equivalent public service salary grades.
Nyazo says the grading exercise was conducted without lawful authority because the promised job evaluation had not been completed.
According to the affidavit, magistrates expected the grading process to be revisited after consultation with the Magistrates Commission of Namibia and the completion of a comprehensive job evaluation.
Court documents detail a series of meetings, correspondence and negotiations involving the association, the commission, the Office of the Judiciary and government officials throughout 2024 and 2025.
The dispute escalated in October 2025 after magistrates learnt that the Ministry of Justice and Labour Relations intended publishing a schedule of housing and transport allowances different from the one prepared by the commission and the Office of the Judiciary.
Nyazo alleges the ministry replaced the agreed grading system with one based on public service salary scales without consulting the commission, as required by law.
Although the association, the commission and the Office of the Judiciary reportedly reached agreement on a revised schedule in early November last year, the minister instead published Government Notice No. 334 on 18 December 2025.
The notice allocated public service grades to magistrate positions and determined housing and transport allowances accordingly.
The association says the published grades differed significantly from those agreed during negotiations and created unjustified disparities between the various ranks of magistrates.
Nyazo, however, says the case goes beyond remuneration and employment benefits.
“It is about safeguarding the constitutional independence of magistrates and preserving public confidence in the administration of justice,” he argues in the affidavit.
Last year, magistrates engaged in a strike demanding increases in housing and car allowances.
