A work stoppage by magistrates across the country has halted criminal and civil case hearings, straining police holding cells and costing taxpayers.
No criminal or civil cases are being heard due to the work stoppage - a first in the country's history.
The officials, speaking on condition of anonymity, say striking magistrates were urged to continue providing services while negotiations are underway to reach a solution to their grievances.
Follow us on WhatsApp | LinkedIn for the latest headlines
"The magistrates are at work. They are just not doing continuances of cases or trial hearings. But they will officiate to solemnise civil marriages," an official says.
Senior police officials say the work-stoppage is worsening the state of overcrowding in holding cells.
They lament the cost to taxpayers in continuing to provide for inmates that could have been released on bail, sentenced and moved to prison facilities or acquitted if cases were being heard.
||Kharas investigations coordinator Nicodemus Mbanga says overcrowding in police cells began before the magistrates' strike because cases could not proceed, often due to absent magistrates, missing defence counsel or incomplete police investigations.
He says the police have to continue feeding inmates in custody who receive food rations, soap for washing and blankets.
"The public only blames the police when their cases are not completed. Some events are not under our control. There is nothing you can do if the magistrate is not available," says Mbanga.
He further says there are cases where the accused receives bail of N$1 000 but cannot pay and, therefore, remains in custody.
"Sometimes we take them back to the court to request for the bail to be lowered to N$500 to assist the person," says the commissioner.
He notes this is the case at Noordoewer, Koes, Aroab, Bethanie and Lüderitz, where there are accused filling holding cells as they are unable to pay bail. Kavango East commander Andreas Haingura says the people who remain in custody are mostly repeat offenders whose families are discouraged from bailing them out, resulting in the accused remaining in police custody until their cases are finalised.
"Some stay with us for up to two years. The family is scared of paying bail because they pay bail on Friday, only for the person to be arrested again on Sunday. How often can they do that?" Haingura questions.
The commander says that there are many reasons for overcrowded police holding cells, noting that the Rundu Police Station, built before independence with a capacity of only 100, today hosts more than 170 people.
"Going with that is the increase in population size. Crime is increasingly spurred by poverty, and it's a vicious cycle. We do our best to manage," says Haingura.
Omusati regional commander commissioner Ismael Basson says the overcrowding of police cells in the Omusati region has improved by about 140 inmates less, due to improvements in the administration of justice.
However, he says with the current go-slow of the magistrates, cases are being postponed at the Outapi Magistrate's Court which will have an impact on multiple stakeholders.
"The burden of justice delayed affects multiple stakeholders besides the police. This includes the accused person. You must remember that accused people are innocent until proven guilty.
"Then there are the or victims that are seeking justice. There are the family members who are footing lawyer fees, bringing food for the accused and buying toiletries," says Basson.
He urges the judiciary to speed up the process of negotiations, noting that magistrates' courts are the backbone of the justice system.
"The magistracy forms the backbone of the Namibian judicial system, from handling routine maintenance orders and minor civil disputes to serious criminal trials, that is what they do. So we need this impasse to be resolved as quickly as possible," he says.
Officials from the Windhoek Magistrate's Court says civil wedding proceedings will be conducted at the courts as per the norm despite the ongoing magistrates work-stoppage or go-slow.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Three weeks ago magistrates and judges threatened legal action if the government goes ahead with recruiting 27 temporary magistrates. The appointments will be temporary and will cease on 31 March 2026.
The warning came through the Magistrates' and Judges' Association of Namibia, which represents 82 magistrates nationwide. Furthermore, they are not happy that the government dropped the requirement of 10 years' bench experience.
At the heart of the dispute is the Magistrates Commission decision to advertise several temporary judicial posts, including six regional court magistrates, three principal magistrates, 15 senior magistrates and three magistrates on 15 August.
Candidates who are currently serving as magistrates will be required to resign from their permanent posts if they are appointed as temporary magistrates.
The Namibian uses AI tools to assist with improved quality, accuracy and efficiency, while maintaining editorial oversight and journalistic integrity.
