Allexer Namundjembo
If the government does not respond to magistrates’ demands and the nationwide strike continues, the swearing-in of office bearers who will emerge victorious from the regional and local authority elections may be delayed or halted.
In a letter to President Netumbo Nandi-Ndaitwah, Affirmative Repositioning leader and member of parliament Job Shipululo Amupanda says the absence of magistrates will stop newly elected leaders from assuming office.
This week, the Magistrates and Judges Association of Namibia (MJA) issued a formal strike notice to finance minister Ericah Shafudah, justice and labour relations minister Fillemon Wise Immanuel, the Magistrates Commission and the Office of the Judiciary.
The association says members are on strike because of the government’s prolonged failure to implement improved benefits.
Amupanda called for Nandi-Ndaitwah’s urgent intervention in the matter.
He warns that the shutdown of courts risks triggering a constitutional and administrative crisis. The Windhoek Observer received the letter on Tuesday.
“There will be no swearing in of councillors across 121 constituencies and 59 local authorities. This effectively means that there will be no local government leadership in the whole country,” he said.
He adds that the disruption could extend to national lawmaking.
“Regional Councils will not be constituted, nor will the National Council that is formed among members of the Regional Councils. If the National Council is not constituted, no laws will be passed,” he noted.
Amupanda argues that the situation reflects long-standing structural flaws in the country’s judicial design.
“The original sin was committed at the design of our judicial system. A system that treated judicial officers differently, locating some judicial officers in the judiciary and others effectively under the executive,” he wrote.
He says the executive’s approach has deepened the crisis and created unnecessary tension.
“There is indeed winning in losing. Equally, there is also losing in winning. Finding a compromise and consensus is not a sign of weakness,” he said.
He expressed concern over reports of pressure on magistrates.
“It is my further understanding that members of the executive have started harassing and instructing the magistrates. These subtle threats represent an unpleasant situation.”
Amupanda says the short-term solution is already agreed upon, noting that magistrates have given written undertakings and the commission, chaired by a High Court judge, has confirmed consensus.
He proposes a medium-term independent review of magistrates’ working conditions and long-term reforms through dialogue among all three branches of the state.
Meanwhile, the Landless People’s Movement (LPM) spokesperson Lifalaza Simataa said magistrates have been under pressure for improved conditions and believe their demands are justified given rising living costs.
He said delays in signing the required documentation by the minister have contributed to the standoff.
“As far as we understand, the minister has the documentation and must sign it. It seems he is delaying it,” Simataa said.
He said magistrates are central to the electoral process because the swearing-in of office bearers depends on their availability.
“In this situation, the impact is serious. Housing costs in Windhoek have increased and groceries are projected to rise by around 4% this month. With the cost of living going up, it is important to recognise that magistrates need fair concessions to function effectively,” he said.
He stressed that magistrates, as a key arm of government, should not face delays that affect their livelihood and the justice system.
“We understand the strike completely. These are essential public servants, and their needs must be taken seriously. The executive should not be able to pressure or undermine them,” he said.
Independent Patriots for Change (IPC) member Petrina Nghipudilo yaShiindi said the swearing-in of newly elected leaders may be delayed by the strike depending on how long the dispute continues.
“I’m not so sure if it will have any impact. Maybe there will be a delay in them getting into office, which is something I understand because the magistrates are demanding what is right for them,” she said.
She warned that ignoring the magistrates’ demands could slow service delivery.
“If the government is not attentive to the cry of the magistrates, then obviously there will be delayed service delivery,” she said.
YaShiindi said the length of any delay remains uncertain. “I don’t know how long it will take, but we’ll see,” she said.
The Magistrates Commission recommended the alignment on 7 November under the Magistrates Act and the association says N$8 million has already been budgeted for its implementation.
Magistrates agreed to forgo backpay for April to July 2025 to ease the financial burden on the state, but despite this concession, the process has not moved forward.
They say Immanuel submitted the corrected schedule to Shafudah for concurrence on 12 November, but the finance minister raised queries.
