Magistrates seek withdrawal of minister’ benefits gazette

A high-level delegation of Namibia’s judicial leadership met justice minister Wise Immanuel on 21 January to request the withdrawal of a recently published government gazette that has reignited tensions within the magistracy.

The delegation — comprising representatives of the Magistrates Commission, the Office of the Chief Magistrate, the office of the executive director, and the executive committee of the Magistrates and Judges Association (MJA) — is seeking the withdrawal of Government Notice No. 8810 of 18 December 2025, which regulates magistrates’ service benefits. Failing that, the matter could be taken to court.

The commission and the MJA argue that the minister did not consult them as required under the Magistrates’ Courts Act before the gazette was issued. Namibian Sun understands that both the commission and members of the magistracy were caught off guard when the notice was published in December 2025 without prior engagement.

“What is even more concerning is that the minister has graded magistrates contrary to aligned grades in government, placing them on the lowest scales without any consultation with the Magistrates Commission as required by law,” an official said.

The move follows growing dissatisfaction among magistrates nationwide. Last year, magistrates embarked on a go-slow strike, citing poor remuneration compared to other arms of the judiciary, overwhelming caseloads, delayed promotions, alleged favouritism and inadequate institutional support.

Backpay withheld pending clarity

According to information obtained by this publication, the MJA executive committee met with Chief Magistrate Vanessa Stanley and Acting Magistrates Commission chairperson Hilma Kuduva to deliberate on the matter.

The meeting reportedly resolved that before pursuing litigation, the commission would exhaust administrative remedies by engaging the ministries of justice and finance to seek withdrawal of the notice.

“This action has failed, as the minister refuses to withdraw the gazette,” a source said.

In the interim, the processing of backpay linked to the gazetted service benefits has been withheld pending clarity from Immanuel on whether the notice will be withdrawn.

In an internal memorandum dated 6 February 2026, Stanley informed divisional magistrates that the commission was seeking their views on whether the service benefits gazetted in December should be paid out while awaiting legal opinion on the appropriate course of action. Magistrates have since been asked to indicate their position.

Concerns over safety and security have also resurfaced.

These fears intensified following the death of state prosecutor Justine Shiweda, who succumbed earlier this month to injuries sustained in a violent attack in October 2025 after denying bail to former police officer Abner Mateus.

At Shiweda’s funeral in Onambango, members of the legal fraternity said her death should not be in vain, calling for improved protection for officers of the court and stronger institutional backing for judicial officials operating under pressure.

Minister denies formal request

Immanuel said he has not received any formal communication from the Magistrates Commission requesting the withdrawal or amendment of the gazette.

“There is currently no request before my office seeking the withdrawal or amendment of the gazette,” he said.

He explained that the notice was published following a request by the MJA for the gazetting of a concurrence contained in a letter dated 2 October 2023 from the former minister of finance. That concurrence, he said, followed a consulted request by the then minister of justice.

According to Immanuel, the gazette gave practical effect to that concurrence on 18 December 2025, in line with both its letter and spirit, and was not subject to renegotiation.

He added that although the 2023 concurrence excluded certain magistrate positions from specific allowances, those positions were later accommodated through subsequent salary increases granted to all public servants.

On the possibility of legal action, Immanuel maintained that there is no compelling legal or governance basis for withdrawing the notice.

“There is no compelling legal or governance reason to necessitate the withdrawal,” he said.

Addressing allegations regarding recruitment processes — including claims that interviews for permanent magistrate positions were conducted but temporary magistrates were later appointed without feedback to candidates — Immanuel said the matter falls within the mandate of the Magistrates Commission.

“The Magistrates Commission is charged with the recruitment process of magistrates, and the minister is at the end tail of the process. The Commission is therefore better positioned to respond to this concern,” he said.

On safety concerns raised during last year’s strike, particularly in light of Shiweda’s fatal attack, the minister said the protection of judicial and prosecutorial officials remains a priority.

He revealed that following the attack, a multi-stakeholder technical committee was established to conduct a comprehensive security assessment within the justice sector and to make recommendations on required interventions and timelines.

“The committee is approaching this as a matter of urgency,” he said.

Immanuel added that should there be genuine concerns consistent with legal and governance frameworks — and supported by the fiscus — the ministry remains open to constructive engagement.