Africa-Press – Namibia. Chief Justice Peter Shivute and his deputy, Petrus Damaseb, introduced the concept of plea bargaining in Namibia on Wednesday during a conference on alternative dispute resolution held in the capital.
The Judiciary heavyweights hosted the conference with a delegation from Ghana, led by its Chief Justice Alfonse Ghigamoy Owiny-Dollo and accompanied by several senior judges.
Uganda already introduced plea bargaining in 2014 and was roped in by the Namibian Judiciary to assist with the process.
lea bargaining is a process where an accused may opt to plead guilty to lesser charges for a reduced sentence, thereby saving the courts time and expenses to put on a full-length trial.
However, where an accused person just pleads guilty for the sake of getting the ordeal behind them, a magistrate or judge still has the discretion to refuse the plea.
In his opening remarks, Judge Shivute expressed his belief that the conference will pave the way for Namibia to enter the world of plea bargaining, which will go a long way in reducing the current backlog in criminal cases experienced in the country.
Judge Owiny-Dollo, in his keynote address, told the gathering that they have managed to reduce the backlog in Uganda by 90% since the introduction of plea bargaining, and Judge Shivute said Namibia should emulate this achievement.
He said Namibia must look closely at how we can embrace and implement mechanisms that offer real and immediate relief to an overburdened criminal justice system.
“In this respect, the Constitution of the Republic of Namibia provides a clear and enabling framework in Article 78(7),” the judge stated.
He said this provision entrusts the Chief Justice with the responsibility to guide and oversee the development of judicial norms and standards and to guide and shape the rules of court practice and procedure.
“It is within this framework that innovations such as plea bargaining can be considered and introduced – carefully, transparently, and in accordance with the principles of justice and constitutional supremacy,” Judge Shivute stated. The judge went on to say plea bargaining, although it may be unfamiliar in our current legal landscape, offers several well-recognised benefits in modern criminal justice systems.
“It enables the swift resolution of cases, reducing the time required to finalise matters and easing the burden on courts,” Judge Shivute said and continued: “By streamlining case disposal, it helps address backlogs, particularly in lower courts, where the volume of matters is often high.
It also contributes to reducing the number of persons held in pre-trial detention, thereby promoting more timely access to justice and alleviating pressure on correctional facilities.” In addition, the Chief Justice said plea bargaining allows judicial officers to allocate their time more efficiently, focusing on cases that require full adjudication. It also helps to reduce the financial and administrative costs associated with lengthy trials.
Taken together, the judge said, these outcomes point toward a single goal: enhancing access to justice.
However, the judge reminded the conference attendees that plea bargaining is not a means to escape justice; it is merely a way for the different stakeholders – prosecutors, defence lawyers, the police, and offenders – to find an amicable way to dispense justice in a timely and cost-effective manner.
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