Renthia Kaimbi
Justice and labour relations minister Fillemon Wise Immanuel says any continued ‘go-slow’ strike at Magistrates’ Courts will be taken seriously.
This is after sworn testimony from magistrates made his urgent High Court application unnecessary on Friday.
Immanuel had approached the court seeking an order to declare a widespread work stoppage by magistrates a “go-slow” strike and to compel them back to their courtrooms.
His application claimed that a de facto strike was crippling the justice system.
The matter shifted when the Magistrates’ and Judges’ Association of Namibia (MJAN) submitted sworn statements denying that any strike or slowdown was taking place.
Immanuel told the court that the magistrates’ declaration had already achieved what he was asking for, making his case no longer necessary.
“The matter was removed from the court roll because what I sought was now in place. I sought two orders: one to declare the strike illegal and another to direct magistrates back to work. Their sworn affidavit that they are not, and have never been, on strike should be taken to mean that courts are fully operational and magistrates are fulfilling their official duties optimally, and that it is business as usual at courts. Thus, the court needed not to spend its judicial time and resources indulging in a legal question that became moot,” said Immanuel.
The High Court also agreed to take judicial notice of the magistrates’ sworn denial, submitted by MJAN president Victor Nyazo.
This places the statement on the court record and serves as a deterrent against any future work stoppage.
Immanuel said the outcome placed the magistrates in a binding position.
He said that if any court is found not operating, it cannot be attributed to a strike.
He added that the court could take a strike very seriously if it occurs later, after the magistrates had told them otherwise.
Lawyer Kadhila Amoomo welcomed the minister’s decision not to proceed.
Writing on social media, he said magistrates had now confirmed under oath that courts have been operating.
“This means that come Monday the nation can expect the courts to proceed. If this does not happen, then the magistrate(s) might have committed perjury here. What the nation experienced over the past two weeks is very sad and unfortunate. As lawyers we should really remember that we are here to assist the nation. Egos won’t help the nation,” he said.
MJAN legal representative Florian Beukes dismissed any claims of perjury.
“Magistrates have always been at work. Their response was in respect of the minister’s papers, which they said did not make out a case. No perjury,” said Beukes.
In a media statement after the hearing, the ministry said it expects all court services nationwide to resume fully and without interruption and that it will monitor the situation to safeguard citizens’ rights.
It also said it remains committed to engaging magistrates through social dialogue to address long-standing concerns about benefits and working conditions.
