Renthia Kaimbi
Magistrates have defied a return-to-work directive issued by justice and labour relations minister Fillemon Wise Immanuel.
Immanuel, on Sunday, in a letter to Magistrates’ Commission chairperson Boas Uusiku, acknowledged the frustrations of magistrates over the delayed housing and vehicle allowances but maintained that the nationwide strike had no legal basis.
He then instructed all magistrates to return to their duty stations and resume work, warning that failure to comply would lead to serious consequences.
Despite his [Immanuel’s] order, magistrates have continued their ‘go-slow’ industrial action, bringing civil trials, criminal proceedings and bail applications to a halt.
The magistrates are on strike due to longstanding grievances over unpaid housing and vehicle allowances.
These benefits were approved by the Ministry of Finance in October 2023 for implementation in the current financial year but have yet to be paid out.
Legal practitioner Norman Tjombe says the dispute is not simply a labour issue but a threat to the rule of law. He warned that the continued standoff could weaken the foundation of Namibia’s justice system.
“It is obvious that magistrates are an important cog in the administration of justice. They are the first point of contact with the justice system for the overwhelming majority of people,” Tjombe said.
Tjombe said the government should focus on addressing the root cause of the dispute, poor remuneration.
“If magistrates are not properly remunerated, the more experienced ones will leave to greener pastures, often the private practice that is more lucrative,” he said.
He cautioned that such an exodus would damage both the capacity and independence of the judiciary.
He stated that the conditions of service for magistrates are crucial and fundamental to maintaining judicial integrity.
Tjombe said the situation can only be resolved by addressing the magistrates’ legitimate grievances with the urgency they deserve.
On Friday, the Society of Advocates of Namibia raised concern over the failed talks between chief justice Peter Shivute and the Magistrates’ Commission.
The society said no agreement was reached despite earlier assurances that magistrates’ concerns were being handled through official channels.
The society said the ongoing strike has disrupted the administration of justice and threatens access to it and basic human rights.
It echoed the view of legal practitioner Norman Tjombe, saying “Magistrates are an indispensable constituent in the administration of justice.”
The Magistrates’ and Judges’ Association of Namibia (MJAN), which is leading the industrial action, described the strike as a last resort after failed negotiations.
MJAN maintains that magistrates will not stand down until their grievances are met.
