Magistrates and judges have threatened legal action if the government goes ahead with recruiting 27 temporary magistrates. The warning came ...
Magistrates and judges have threatened legal action if the government goes ahead with recruiting 27 temporary magistrates.
The warning came through the Magistrates' and Judges' Association of Namibia, which represents 82 magistrates nationwide. They are not happy that the government dropped the requirement of 10 years' bench experience.
In a letter dated 10 October, the association set out its objections in correspondence addressed to Magistrates' Commission chairperson judge Boas Usiku.
At the heart of the dispute is the commission's decision to advertise several temporary judicial posts, including six regional court magistrates, three principal magistrates, 15 senior magistrates and three magistrates on 15 August.
According to lawyer Florian Beukes of Metcalfe Beukes Attorneys, who is representing the association, the appointments will be temporary and will cease on 31 March 2026.
"Candidates who are currently serving as magistrates are advised that they will be required to resign from their permanent posts if they are appointed as temporary magistrates," Beukes writes.
Beukes says the written tests for the temporary magistrate position were to be taken yesterday while oral interviews are expected to be held tomorrow.
"We are instructed to demand that the Magistrates' Commission immediately cease the ongoing recruitment process for all temporary magistrates' positions as advertised on 15 August," he says.
'DEADLOCK'
Beukes says his client met with the Magistrates' Commission on 4 September, where the parties reached a deadlock on the advertised temporary magistrates' posts.
This meeting came three weeks after the association wrote to the commission seeking for an urgent meeting relating to the positions.
"On 9 September, the association wrote to the chief justice requesting urgent intervention and an audience. The chief justice responded on 12 September, indicating that consultations were ongoing but no substantive feedback has been received to date," Beukes says.
He adds that the association resolved on 30 September to take further legal action against the Magistrates' Commission.
'IRRATIONAL AND UNFAIR'
Beukes says his client objected to both the terms and processes surrounding these temporary appointments, arguing that they are "arbitrary, irrational, unreasonable and unfair," and potentially unconstitutional under Article 18, which guarantees fair administrative justice.
"Our client also objected to the removal of the bench experience requirement and advocated that the change is unrealistic and institutionally unsound," Beukes says in the letter.
He says his client notes that it would be impractical and detrimental to appoint a person without judicial experience, whose professional background is confined to prosecutorial or legal practice roles, to a position responsible for training, guiding and mentoring judicial officers.
"Our client objected to the impending advertisement of temporary judicial posts, notably at the regional courts. Magistrates handle complex, lengthy trials resulting in part-heard matters and filling these posts temporarily may compromise judicial continuity," Beukes writes.
He adds that magistrates who are qualified and eligible for the regional court have never been afforded acting opportunities, while external and temporary appointments are now considered.
The association is now demanding that the Magistrates' Commission halt the current appointment process and initiate a proper review of the criteria.
LEGAL THREATS
Beukes warns that if the commission failed to comply and provide a written undertaking by yesterday at 16h00, the association would file a review application in the High Court, including a request for interdictory relief. The commission will also be held liable for legal costs, he says.
He says the association remains open to discussing and agreeing on requirements for temporary positions that are fair to both current serving magistrates and incoming judicial officers.
The commission spokesperson, Vikitoria Hango, did not respond to questions sent to her.
Last month, Affirmative Repositioning leader Job Amupanda posted on his social media that his party supports and stands in solidarity with magistrates who want to go on strike.
"Magistrates' working conditions are terrible. While politicians have arranged protections for themselves, magistrates often find themselves alone in long queues in banks and at ATMs with individuals they have sent to prison," he said.
He also claimed magistrates work on old computers and furniture bought before independence.
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