Papgeld delays mount as Windhoek court battles backlog

A Backlog at Windhoek’s maintenance court, allegedly caused by unpaid freelancers not being able to work, has left hundreds of child maintenance cases unresolved, affecting single mothers and children’s welfare.

The court has been unable to summon absent fathers for the past six months, with the backlog now exceeding 300 pending child maintenance applications, court sources claim.

The Office of the Judiciary has, however, rejected these allegations, claiming that the matter only disrupted their operations for a month and that it has since been resolved.

Court officials say the problem started around February after the court’s contracted deputy sheriffs stopped serving documents because the Ministry of Justice and Labour Relations had allegedly not settled outstanding payments to them.

“Clients have been submitting applications, but these are not being served because the messengers of court have not been paid. The papers are just piling up in the office, and nothing is being done,” an official says.

Although messengers of court serve official court documents to the broad public and ensure court orders are enforced, there are concerns that maintenance courts are the most affected by the strike.

The official says the delays have affected children’s welfare, as complainants’ applications cannot be processed without defendants being served.

“This is about the welfare of children. People have been promised that once the messengers are paid, they will be called, but nothing has been done yet,” he says.

The official claims the court’s communication challenges have compounded the issue.

“We can only receive calls, but cannot make outgoing calls unless we use our own airtime,” he says.

The Office of the Judiciary, however, remains adamant that the interruption of messenger services only lasted briefly.

In a written response to The Namibian last month, deputy director of public relations Viktoria Hango said the brief interruption was due to internal payment adjustments, which were resolved within a month.

“The court has not been without a messenger for an extended period of time. Services resumed promptly, and all affected cases were expedited,” she said.

Hango said the judiciary remains committed to maintaining the efficiency and effectiveness of its operations.

According to the president of the Social Workers Association of Namibia, Lovisa Nghipandulwa, ongoing delays at the Windhoek maintenance court affect the well-being of children and caregivers, particularly when families depend on maintenance money for daily essentials.

She says the uncertainty created by the disruption in maintenance payments could negatively affect children’s development and school attendance.

“If these funds are marked for transport fees or food, the delay will obviously have a negative impact on a child’s schooling and well-being,” she says.

“It’s not that the parent is unwilling to provide support, the problem is within the administrative systems of the magistrate’s court, and that is what needs to be addressed,” Nghipandulwa says.

She advises families affected by the delays to seek temporary relief through extended family support and small-scale income-generating activities to help meet their children’s needs.

“Caregivers should look for other means of income, even if it means selling basic goods at home to make ends meet.

Nghipandulwa says the justice ministry should prioritise improving administrative efficiency in processing maintenance payments.

Popular Democratic Movement (PDM) member of parliament Winnie Moongo says she raised similar concerns in the parliament last month and is awaiting a formal response from the justice ministry.

“Hopefully, he [the minister] will respond on Thursday,” she says.

In her notice of question to the parliament, Moongo says systemic inefficiencies in Namibia’s maintenance courts have resulted in persistent delays in child maintenance payments, forcing many single mothers into financial distress.

She says inadequate staffing, logistical challenges, and coordination failures within the justice system have worsened the situation, undermining the rights of children to timely financial support as guaranteed under the Maintenance Act.

Moongo has asked minister of justice and labour relations Wise Immanuel to clarify what steps the ministry is taking to address these delays and ensure the timely disbursement of funds to beneficiaries.

She also queried whether there are plans to decentralise maintenance services, improve communication with beneficiaries, and fill staffing gaps in overburdened courts.

Landless People’s Movement (LPM) leader and activist Renciah Gaes says many women complain about spousal maintenance issues where parties do not receive summons due to the absence of messengers.

“Many women complain their court cases are often postponed or sometimes cancelled due to the absence of messengers, which affects their emotional well-being,” she says.

Gaes says this often results in criminals avoiding prosecution and victims being denied justice.

She says court messengers play a crucial role in delivering summons, warrants and court orders to people to be on time for court hearings.

Gaes says these challenges also pose risks to public safety in urgent cases like restraining orders, eviction notices and arrest warrants.

“Timely delivery can prevent harm and protect individuals. Delays could put lives at risk if legal protections are not enforced swiftly,” she says.

Gaes says the maintenance officers at the Windhoek Magistrate’s Court in Katutura do not have access to phones to follow up on cases, and therefore use their own cellphones.

“If they do not have credit, they cannot call,” she says.

LPM youth leader Duminga Ndala says the situation is unacceptable, particularly given the significant number of single-mother households relying on maintenance orders for their survival.

She says the delays not only undermine the rights of caregivers, but also compromise the well-being of the children they support.

“Moreover, such disruptions erode public trust in the justice system,” she says.

Human rights activist Rosa Namises says it is a serious problem that court messengers have been unavailable.

“Something should be happening within these offices. We need to find out why this has been going on,” she says.

“Court messengers make sure we hear about our fates through documents – whether my house is to be auctioned or I have to appear before court,” she says.

Namises says parties have the right to be informed.

“The system is denying people justice as well as their right to information,” she says.

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