Minister stops urgent application about magistrates’ strike

The minister of justice and labour relations, Wise Immanuel, has decided not to continue with an urgent court application in an attempt to stop a work stoppage or go-slow strike by magistrates.

This is after Magistrates’ and Judges’ Association of Namibia president Victor Nyazo denied in a sworn statement filed at the Windhoek High Court on Friday that magistrates are striking.

As a result of Immanuel’s decision not to continue with his urgent application, acting judge Reinhard Tötemeyer on Friday removed the application from the court roll.

The minister was asking the court to declare a work stoppage or go-slow strike by magistrates that started on 5 November as invalid and unlawful.

He was also asking the court to restrain the association and its members from continuing their work stoppage and to order the magistrates to return to work and fully resume their judicial duties.

In a sworn statement filed at the court, Immanuel claimed members of the association were carrying out an “illegal partial stoppage and/or strike of work”, which he said was a breach of the code of conduct for magistrates as it harmed the discipline and efficiency of the administration of justice.

In an answering affidavit, filed at the court on Friday morning, Nyazo denied that magistrates were engaged in a strike or that the minister has proven that judicial work in the country’s lower courts has come to a standstill since 5 November.

He said the association “took a stance that they would not stretch themselves and would carry out all their functions, that is, administrative work in respect of all courts, writing judgements, considering transcripts and submissions, attending court, solemnising marriages, etc., only during the official hours of 08h00 and 17h00”.

Nyazo also stated: “The magistrates have been attending their duty stations and carrying out their functions only during the prescribed working hours.”

The association and the Magistrates’ Commission have been engaged in negotiations about increased salaries and housing and vehicle allowances for magistrates.

Magistrates’ Commission chairperson judge Boas Usiku on 7 November sent a letter to Immanuel in which he informed the minister that the commission has after negotiations agreed to new remuneration scales for magistrates. The remuneration scales would have to be published in the Government Gazette by the justice minister before they come into effect.

In terms of the new pay scales, Namibia’s chief magistrate would receive a total remuneration package of N$1.02 million annually.

A deputy chief magistrate, divisional magistrate and regional court magistrate would receive total annual remuneration of about N$969 000.

A principal magistrate’s total remuneration would be about N$894 000 annually, while senior magistrates would receive about N$686 000 and magistrates would receive N$610 755.

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