Patience Makwele
Thousands of criminal cases continue to stall in magistrates’ courts, with backlogs raising concern about delays and public confidence in the justice system.
The office of the judiciary on Tuesday said magistrates’ courts recorded 11 892 postponed cases in March.
Many were linked to incomplete police investigations, while others were caused by missing dockets, administrative delays and limited resources.
Judiciary spokesperson Vikitoria Hango said delays occur at different stages of the process.
“The time it takes to finalise a case depends on its complexity and seriousness. Some matters are resolved quickly, particularly where there are guilty pleas while others require lengthy investigations,” she said.
Hango said delays affect both accused persons and victims.
“Speedy justice is a fundamental principle. When cases are not finalised within a reasonable time, it affects all parties involved,” she said.
Legal practitioners said delays in investigations remain a key issue.
Senior counsel Murry Shikongo said cases are often brought to court before investigations are complete.
“In many instances, suspects are arrested before investigations are finalised. This leads to delays as the state continues gathering evidence while the matter is already on the court roll,” he said.
He said delays in legal aid approval also slow cases.
“These processes contribute to congestion in the courts and prolong the finalisation of cases,” Shikongo said.
Shikongo said solving the problem will require coordination across institutions.
“This is not an issue that can be resolved by one institution alone. There must be improved coordination between investigators, prosecutors and the courts to ensure cases move efficiently,” he said.
He said courts could consider removing cases from the roll when delays become too long so investigations can continue until the state is ready.
The judiciary also faces shortages of magistrates, prosecutors and interpreters, along with administrative challenges.
Chief justice Peter Shivute, during the opening of the legal year, said outstanding cases in magistrates’ courts rose from 57 090 at the end of 2024 to 63 679 by December 2025, an increase of 11.5%.
At that time, he said judges and court staff are operating under immense strain and that there is an urgent need for adequate judicial appointments and institutional support.
Previously, President Netumbo Nandi-Ndaitwah also raised concern about case delays, especially in matters involving corruption.
She stated that unresolved cases for extended periods weaken public confidence in our institutions and compromise national developmental efforts.
She said timely justice is a key expectation.
For accused persons, delays often lead to long pre-trial detention.
A Katima Mulilo-based accused person said repeated postponements have affected his life.
“Each time I go to court, the case is postponed because investigations are not complete. I have been waiting for months now and I cannot work or support my family properly,” he said.
Human rights activist Rebecca Moola Inambao said delays raise concerns about fairness.
“When people are kept in the system for extended periods without resolution, it raises serious concerns about fairness and access to justice. Delays of this nature disproportionately affect the most vulnerable,” she said.
She said delays also affect livelihoods and leave victims waiting for outcomes.
Backlogs are higher in some regions. Oshakati and Rundu divisions continue to record large case volumes with limited resources.
