Magistrates taken to task

SOME magistrates embarrass and tarnish the reputation of the judiciary, says Chairperson of the Magistrates’ Commission, Judge Sylvester Mainga.

Speaking at a week-long workshop for magistrates from across the country at Swakopmund, Judge Mainga singled out misconduct and delays in submitting records for review to the High Court as issues that are tainting the image of the judiciary. He assured participants that he was aware that most, if not all of them, were dissatisfied with their salaries and possibilities of career advancement.Thirty newly created positions in the Lower Courts would alleviate the burden once they were fully funded and filled, he promised.”While the issue of our conditions of service deserves serious and immediate attention, there are more serious and ‘ugly’ problems in the lower judiciary,” he said.Judge Mainga said several cases of misconduct by magistrates were being investigated.”They range from incompetence, theft, untruthfulness, drunkenness on duty, absenteeism, arrogance, impatience, insubordination and the list goes on….that kind of conduct can never be associated with a judicial officer,” he said.”Judicial officers should strive to conduct themselves with integrity and ensure their conduct is above reproach in the view of reasonable, fair-minded and informed persons.Let me remind you that wherever you are, you are a magistrate.”Magistrates’ Courts are the mirrors of justice and we cannot afford to damage those reflections for the effects will be far-reaching and disastrous.”News reports on such cases indicated that the public was keeping a watchful eye on the judiciary, he said.And, the fact that such cases were investigated and charges of misconduct were filed should show that the justice system did not cover up for its members.Delays in the submission of court records for review by the High Court was a matter of great concern for the judge.The aim of the review system is to correct injustices, provide guidance and training to junior magistrates and to protect the interest of undefended accused people.”I personally dealt with review matters which were submitted on review after four years, long after the accused had served their sentences.There would be no purpose of review in such cases.”He warned that Government would not be responsible for damages claims filed for unnecessary delays.Despite problems such as the incompetence of typists, faulty equipment and bulky records of thousands of pages, “a delay of four years is inexplicable and inexcusable”, said Judge Mainga.Chief of Lower Courts Petrus Unengu agreed that the postponement of court cases should be limited.”Postponement is not a matter of course,” he said.”Don’t neglect your duties, submit cases timeously and don’t waste time.”He said claims that administrative justice in the lower courts had collapsed was criticism of the judiciary’s own making.Some magistrates were afraid to take control in court procedures while others were unwilling to recuse themselves from cases in which they might have a conflict of interest, Unengu said.Deputy Minister of Justice Utoni Nujoma urged participants to promote transparency and accountability to ensure that the judiciary remains independent and effective.Referring to a recently reported defamation case against a magistrate, Nujoma said: “I hope it will not open a can of worms.”He said his Ministry is considering the establishment of a judicial training college.He assured participants that he was aware that most, if not all of them, were dissatisfied with their salaries and possibilities of career advancement.Thirty newly created positions in the Lower Courts would alleviate the burden once they were fully funded and filled, he promised.”While the issue of our conditions of service deserves serious and immediate attention, there are more serious and ‘ugly’ problems in the lower judiciary,” he said.Judge Mainga said several cases of misconduct by magistrates were being investigated.”They range from incompetence, theft, untruthfulness, drunkenness on duty, absenteeism, arrogance, impatience, insubordination and the list goes on….that kind of conduct can never be associated with a judicial officer,” he said.”Judicial officers should strive to conduct themselves with integrity and ensure their conduct is above reproach in the view of reasonable, fair-minded and informed persons.Let me remind you that wherever you are, you are a magistrate.”Magistrates’ Courts are the mirrors of justice and we cannot afford to damage those reflections for the effects will be far-reaching and disastrous.”News reports on such cases indicated that the public was keeping a watchful eye on the judiciary, he said.And, the fact that such cases were investigated and charges of misconduct were filed should show that the justice system did not cover up for its members.Delays in the submission of court records for review by the High Court was a matter of great concern for the judge.The aim of the review system is to correct injustices, provide guidance and training to junior magistrates and to protect the interest of undefended accused people.”I personally dealt with review matters which were submitted on review after four years, long after the accused had served their sentences.There would be no purpose of review in such cases.”He warned that Government would not be responsible for damages claims filed for unnecessary delays.Despite problems such as the incompetence of typists, faulty equipment and bulky records of thousands of pages, “a delay of four years is inexplicable and inexcusable”, said Judge Mainga.Chief of Lower Courts Petrus Unengu agreed that the postponement of court cases should be limited.”Postponement is not a matter of course,” he said.”Don’t neglect your duties, submit cases timeously and don’t waste time.”He said claims that administrative justice in the lower courts had collapsed was criticism of the judiciary’s own making.Some magistrates were afraid to take control in court procedures while others were unwilling to recuse themselves from cases in which they might have a conflict of interest, Unengu said.Deputy Minister of Justice Utoni Nujoma urged participants to promote transparency and accountability to ensure that the judiciary remains independent and effective.Referring to a recently reported defamation case against a magistrate, Nujoma said: “I hope it will not open a can of worms.”He said his Ministry is considering the establishment of a judicial training college.