Namibia High Court judge Beatrix de Jager slams workload crisis and workforce shortages

A high Court judge has laid bare the strain on Namibia’s courts, using a court order to detail her punishing workload and voice frustration over workforce shortages.

“A day has twenty-four hours. I am a human,” judge Beatrix de Jager stated on Tuesday last week, when she postponed the delivery of a judgement in a case involving a tender dispute.

De Jager postponed the delivery of her judgement to 17 March, explaining that she is not willing to sacrifice her personal health because of the work pressure.

In the court order, De Jager noted that it was the 13th court day that she had been back from leave this year, but she has already delivered five judgements, while two more judgements were with the court’s proofreaders and another was about to be sent for proofreading.

“Thus, for 2026, I have, to date, written eight judgments,” De Jager stated.

She continued: “The system’s expectations, which, to date, have provided no relief despite the current unreasonable workload brought about by the crisis workforce shortage, are inhuman.”

De Jager added: “Something must change drastically. For the time being there is no change. The result is that something has got to give. I choose not to be me anymore at the cost of my personal health.”

She made the remarks in terms of one of the court’s practice directives, which requires judges to provide a reason for not delivering a judgement on a date that had been set for the delivery.

De Jager declined to provide comment for this report when approached by The Namibian yesterday.

Her comments have raised questions about the depth of dysfunction in the judicial system and speak to larger issues about the working conditions of judges in the country.

“It is true that the judges are under tremendous pressure. The High Court is in urgent need of more judges. There are strict time frames within which judges are required to deliver judgements or rulings, and on top of that, they have to manage the existing cases,” lawyer Norman Tjombe said yesterday.

“The judiciary is an important institution with vital functions of dispensing justice. Treating it as an unwanted cousin will only result in the project of our constitutional democracy to fail,” he said.

The government must appoint more judges and more magistrates, otherwise the administration of justice will suffer, former ombudsman John Walters told The Namibian.

“My sentiments and my sympathy lie with the judges and presiding officers. They are overloaded. It’s correct what judge De Jager said. You cannot apply your mind properly to each and every case if there’s so much pressure on you,” Walters says.

The unusual manner in which De Jager expressed her frustration has divided public opinion.

“I don’t believe that the statement made by judge De Jager in her order where she postponed the delivery of the judgement was appropriate in an open court. I believe she should have spoken privately to the judge president or to the chief justice and should have raised her issues there,” Legal Assistance Centre director Toni Hancox says.

Hancox clarifies: “It is not the place in the courtroom to deal with such personal matters, in particular not those which affect judges who, after all, have to hand down judgements. One wants to be comfortable that they have sufficient time to consider their judgements and raising such matters in court may have negative consequences.”

Affirmative Repositioning member of parliament Job Amupanda has given notice in the National Assembly that he intends to ask the justice minister about the judge’s statement in her order.

“For a High Court judge, trained in restraint and circumspection, ending up delivering such a public cry for help is indicative of a profound systemic failure. This alarming posture follows recent industrial action by magistrates, and must be read alongside longstanding concerns over the working conditions of all judicial officers,” Amupanda said yesterday.

He called on the minister of justice to assess the mental health and well-being of judges.

Chief justice Peter Shivute acknowledged the heavy workload on judges in remarks made during the Office of the Judiciary’s opening of the 2026 legal year at the Supreme Court in Windhoek on Thursday last week.

A shortage of judicial officers in Namibia “has reached a critical point”, Shivute said.

Over the past year, the civil stream of the Windhoek High Court has operated under “severe and sustained constraints in judicial capacity”, he remarked.

He noted that during 2024, a civil bench of 13 High Court judges managed a total of 4 987 cases, translating into an average workload of about 384 cases per judge.

During 2025, the civil bench managed 4 295 cases with fewer judges, and the average workload per judge rose sharply to about 614 cases per judge, the chief justice said.

“Judges of the High Court, in both the criminal stream and the civil stream, together with the court staff who support them, are operating under immense and sustained pressure – pressure that underscores the urgent institutional need for adequate judicial appointments and corresponding support if the administration of justice is to remain timely, effective and resilient,” Shivute said.

He also stated: “A judiciary weakened by lack of capacity affects every sector of society. On a large scale it affects economic confidence, investment and social stability. More immediately, it affects ordinary citizens seeking timely and effective resolution of disputes. This is not a challenge for the judiciary alone. It affects us all.”

Judge positions have been advertised, but remain unfilled. Sources in the legal profession have said the workload and the fact that resources are limited make the positions unattractive.

President Netumbo Nandi-Ndaitwah also raised concerns about the speed at which court cases are concluded, including cases involving the abuse of public resources, during the opening of the 2026 legal year.

“Namibians expect cases to be heard and concluded within reasonable time frames. The backlog of cases is a long-standing challenge that must be addressed with urgency and resolve,” Nandi-Ndaitwah said.

The Namibian understands that administrative issues have plagued the judicial system. The Law Society of Namibia last week had a meeting with the Office of the Judiciary to discuss, among other issues, the eJustice system, which is key to administration and running of court proceedings, but is said to often break down.

Sources say issues with the administration of cases adds significantly to the burden on judges.

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