Opposition political parties and analysts are accusing minister of justice and labour relations Wise Immanuel of worsening the work-stoppage of magistrates and hindering access to justice.
Independent Patriots of Change (IPC) leader Imms Nashinge says the seeking of an urgent court interdict to have the magistrates’ strike declared unlawful and have them return to work is not solving the remuneration and benefits issue that led to the work stoppage.
“The promise of improved salaries and working conditions for magistrates was already made in 2023 and not implemented. We understand that the Magistrates’ Commission and the judiciary already reached an agreement. So why not implement, instead of dragging the issue?” asks Nashinge.
He questions whether Immanuel is not interfering in the matters of the judiciary – an independent arm of the government.
“Perhaps the minister or somebody better equipped in this area has to educate us on the independence of the judiciary,” says the IPC leader.
Member of parliament and deputy operative secretary of the Landless Peoples’ Movements Eneas Emvula says the entanglement between the executive and the judiciary is uncalled for and has reached an alarming proportion.
“The separation of powers is being blurred by the minister of justice taking the route of the court interdict. What we do not know is whether he has taken this route after consulting the attorney general or whether the minister has by-passed the attorney-general,” says Emvula.
Political analyst Ndumba Kamwanya says magistrates are in their right to demand for better conditions of service. He adds that the magistrates in lower courts are not paid well and are not provided with security.
“The minister is supposed to listen to what the magistrates are asking and look at the agreement reached by the parties after independently reviewing the allowances. He must understand that the magistrates’ boycott will have huge implications,” says Kamwanya.
In an urgent court application to have the strike declared illegal and have magistrates ordered to fully resume their judicial duties that was filed yesterday, the minister says he has a direct interest in the efficiency of the administration of justice in the lower courts.
Immanuel is suing the Magistrates’ and Judges’ Association of Namibia, the Magistrates’ Commission, the chief magistrate and the prosecutor general.
He claims the magistrates are carrying out an “illegal partial stoppage and/or strike of work”, which he says is a breach of the code of conduct for magistrates as it harms the discipline and efficiency of the administration of justice.
“The ordinary daily business of the lower courts must continue uninterrupted, and people must be afforded the full extent of asserting their constitutional rights to have access to justice. At present, the [association’s] conduct unlawfully disrupts the administration of justice.”
The urgent application by the minister is due to be heard in the Windhoek High Court on Friday.
The association has indicated that they are opposing the application.
Their legal representative, Florian Beukes, says instead of appearing on the Namibian Broadcasting Corporation and visiting the courts, the minister should be approving and gazetting the revised remuneration structure for magistrates for the 2025/2026 financial year.
Beukes says the Office of the Judiciary, the Magistrates; Commission and the Magistrates’ and Judges’ Association of Namibia reached an agreement on 7 November and informed Immanuel the same day that the agreement was reached.
“Instead of responding to the commission on that, minister Immanuel came back with a letter on 9 November declaring the strike illegal. Now the minister is seeking a court order to declare the strike illegal,” says Beukes.
The minister denies intimidating or victimising magistrates.
Speaking to The Namibian yesterday, minister Immanuel confirmed receiving the proposed adjustments in the rate of allowances on Saturday, 9 November.
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