Magistrates across the country have stopped working after months of frustration over the government's failure to implement approved housing and vehicle benefits - a standoff that their legal representative says has pushed judicial officers to the wall.
The work stoppage follows a formal strike notice issued by the Magistrates' and Judges' Association of Namibia last Thursday, marking an unprecedented move within the country's judicial system.
Speaking to Desert FM yesterday the association's legal representative, Florian Beukes, said the dispute stems from the government's continued delay in gazetting and implementing benefits approved more than a year ago.
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The magistrates' housing and vehicle benefits were endorsed by the Magistrates Commission in October 2023, and according to Beukes the Ministry of Justice and Labour Relations forwarded the approved schedule to the Ministry of Finance on 12 November this year.
Beukes said despite an N$8-million budget allocation and repeated engagements, there has been no written explanation from the finance ministry and no communication since the strike notice was issued.
He said magistrates took drastic action after exhausting all internal processes.
He also explained that following the withdrawal of an urgent application by justice minister Wise Immnuel in the High Court on 14 November, the parties met on 19 November at the Office of the Labour Commissioner to discuss the implementation of the benefits.
A resolution to proceed with the benefits was already reached on 7 November between the magistrates, the Magistrates Commission and the Office of the Judiciary.
"Considering that it's been coming since 2023 [...] and it is now just sitting with the minister of finance, with no word received, that is what pushed the magistrates to this final act," Beukes said.
Magistrates are invoking article 21(f) of the Constitution, which grants every person the right to withhold their labour.
However, Beukes emphasised that this right must be weighed against the Constitution's article 12, which guarantees fair trial rights for accused persons.
"With magistrates withholding their labour, people will unfortunately not be able to appear before them, and their rights may also be affected," he said.
COURT STANDSTILL
Beukes confirmed that magistrates began a full work stoppage yesterday morning, with no trials proceeding and no court appearances taking place.
The strike is already creating a backlog, he said.
To keep the courts minimally functional, divisional magistrates may appoint assistant magistrates - usually clerks of the court - whose powers are limited to postponements and the granting of bail only where the prosecution agrees. They cannot preside over trials or formal bail applications. Beukes dismissed claims that magistrates cannot legally strike, saying judicial officers have not been designated as essential service providers.
"I hope anyone can come and share that particular Government Gazette with us," he said.
"Doctors, nurses, fire brigade, they have been declared essential services. But I'm not aware of judicial officers having been declared essential services."
Beukes said the situation highlights structural weaknesses in the Magistrates Act, particularly regarding the level of executive influence over judicial remuneration.
In terms of the act, magistrates' salaries and benefits must be determined by the Magistrates Commission in consultation with the justice minister, with concurrence from the finance minister.
Beukes said this arrangement has created difficulty and may ultimately face a constitutional challenge.
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He also noted that magistrates have no grading, making it hard for the finance ministry to apply consistent evaluation tools, contributing to delays.
Asked what happens if talks fail, Beukes said magistrates have not considered further escalation but stressed that they do not want the situation to deteriorate.
"This is quite unprecedented. We're in uncharted territory. All they want is for the executive to implement what has already been approved, especially considering they've already given up five or six months of back pay," he said.
The strike is expected to continue until the finance ministry responds.
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