After 30 years, small claims court edges closer

Affirmative Repositioning (AR) leader Job Amupanda says a draft bill to establish a small claims court in Namibia, which has been in the pipeline since 1996, has now been prepared by the Law Reform and Development Commission (LRDC).Amupanda, who serves on parliament’s constitutional and legal affairs and petitions committee, made the remarks during an interview on The Agenda.He said a small claims court would make justice more accessible to ordinary Namibians who cannot afford expensive legal representation.The proposed court would allow people to pursue relatively small financial claims without spending more on legal fees than the amount they are trying to recover.He illustrated this with a hypothetical case involving someone owed N$3 000.Under the current system, he argued, the claimant could incur substantial legal costs simply to initiate proceedings.A small claims court would allow individuals to present their cases without necessarily hiring lawyers."You don't need a lawyer anymore. You can now go to a court and ventilate your rights, and the justice system allows you to prosecute your matter or ask another person to speak on your behalf," Amupanda said.On the cards for decadesThe proposal, however, has a long history of delays.Recommendations to establish small claims courts were first made by the justice ministry in April 1994. The LRDC published its report and draft legislation in December 1997, proposing a simplified system for resolving relatively small civil disputes.In September 2004, Cabinet authorised the tabling of a small claims court bill in the National Assembly. The proposed court was intended to provide a faster and cheaper way of resolving claims that were too small to make litigation in the Magistrates’ or High Court financially worthwhile. The process did not go any further.The issue resurfaced in 2024, when Cabinet approved the urgent implementation of a small claims court following renewed calls by Amupanda. More recently, the Windhoek Observer reported that the judiciary had confirmed that Justice Minister Fillemon Wise Immanuel was finalising legislation, with the bill expected to be tabled in parliament.Amupanda said the justice ministry had been asked to reconsider aspects of the bill, including the financial threshold for claims, which AR believes should be increased."We also don't want justices or people who are going to be presiding over the small claims court to be appointed by the minister," Amupanda said on The Agenda.phillipus@nmh-hub.com.na

After 30 years, small claims court edges closer

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Namibian Sun 2026-11-03

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After 30 years, small claims court edges closer

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Namibian Sun 2026-11-03

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