Africa-Press – Namibia. Defence lawyer, Advocate Richard Metcalfe, has condemned the ongoing magistrates’ go-slow, saying their actions are undermining justice and “destroying democracy as well as a dangerous step toward a collapse of the judicial system.”
He also said their actions will create backlogs and urged magistrates to remember the role they were appointed to preserve.
He raised concern after operations at some courts across the country stalled, leaving accused persons, lawyers, and prosecutors waiting in courtrooms. At the Walvis Bay Magistrate’s Court, only one regional case was heard, while others waited for hours. By 12h00, neither court was in session.
“We are not working, the magistrates are not coming to the chambers, but they are here at work,” officials of the ministry told New Era on Monday.
Minister of Justice and Labour Relations, Fillemon Wise Immanuel, was at the court, holding talks with magistrates and justice officials, while those who were required to be at court waited in the corridors.
Frustrated court users, upon catching a glimpse of the minister, asked whether he had a solution for them.
“Not yet, but I am working on it,” Immanuel replied while walking back to the offices of the magistrates.The Magistrates and Judges Association of Namibia (MJA) says members have been without the benefits that were agreed to “in principle” since 2 October 2023, despite repeated meetings with the Judicial Service Commission, the Office of the Judiciary, and the Ministry of Justice and Labour Relations. Hence, they are withholding their services because they demand higher salaries and better benefits. They want housing allowances and other benefits to match their responsibilities.
A notice placed at some courts indicates that magistrates were informed last week that the corrected benefit schedule had been forwarded to the relevant ministry.
Democracy
Meanwhile, Metcalfe described the situation as “lamentable” and warned that magistrates’ refusal to preside over cases is blocking the very constitutional rights they are sworn to uphold.
“Lower courts form part of the administration of justice under the Constitution. Magistrates exercise judicial power and are responsible for protecting fundamental rights and ensuring speedy access to justice. By engaging in a go-slow or threat strike, the guardians of our constitutional rights become an impediment to the very rights and duties they have sworn to uphold,” he said.
He added that some magistrates are continuing with their duties, while others are disrupting court work. Adding that responsible magistrates have refused to join what he referred to as a rebellious clique that flouts their role in delivering justice.
“These guardians need to be guarded from destroying our democracy,” he said.
Metcalfe also warned that magistrates risk disciplinary action and legal consequences if they continue with their action.
“In any employment position where you are not satisfied with your salary, you simply resign. Nothing stops these misguided individuals from resigning. They are not forced to be employed by the ministry,” he said.
Ironically, last week the minister withdrew an urgent application lodged at the Windhoek High Court after magistrates denied that they were striking or engaged in a go-slow.
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