Renthia Kaimbi
The Magistrates’ and Judges Association of Namibia has issued a letter of demand to the Magistrates Commission through its lawyers, Metcalfe Beukes Attorneys.
The association accused the commission of unfair and irrational appointment practices that threaten the integrity of the justice system.
The dispute stems from two job advertisements, one for the position of deputy chief magistrate (training) and another for several temporary magistrate posts, which the association claims create a “two-tier system” and disadvantage career magistrates.
The conflict began with the advertisement for the deputy chief magistrate (training) post on 30 April 2025.
In June, the association objected to the advert, expressing concern over the removal of the long-standing requirement for at least ten years of bench experience.
It argued that it was “impractical and detrimental” to appoint someone without judicial experience to a role responsible for training, guiding, and mentoring other judicial officers. The association described the change as “irrational, unjustified, and detrimental to the administration of justice.”
Despite the commission’s admission of flaws in the initial advertisement and their promise to re-advertise, the association maintains that the unfairness persisted.
A new advert published on 15 August 2025 for 27 temporary positions, including regional court and principal magistrates, required serving magistrates to resign from their permanent posts if they were appointed.
The association called this condition “arbitrary, irrational, unreasonable, and unfair,” saying it forced magistrates to risk their permanent employment for temporary contracts ending on 31 March 2026. It said this requirement placed undue pressure on dedicated officers and undermined job security.
The association also said its members felt a deep sense of injustice, pointing out that qualified magistrates within the system had never been given acting opportunities in higher courts.
It argued that the commission’s decision to fill these positions with external candidates ignored internal magistrates with more than a decade of experience who have remained in stagnant posts due to shifting criteria.
The letter of demand stated that the commission went ahead with the 15 August advertisement without providing feedback or engaging in the consultations it had promised after a meeting on 4 September ended without agreement.
With written tests for the temporary positions set to begin today, 13 October 2025, the association’s lawyers demanded that the Commission stop the recruitment process immediately.
They gave the commission until 16h00 to confirm in writing that it would halt the process or face an urgent court application for review and interdict.
Chief magistrate Vanessa Stanley confirmed receiving the letter of demand but referred all questions to the judiciary’s public relations officer.
“Yes, we were also contacted by other newspapers. So, you can contact our PR person. We’re also preparing a response for the other newspapers on this issue,” she said.
Judiciary spokesperson Victoria Hango had not yet responded at the time of publication.
