Courts under strain as justice system overhaul gets underway

Namibia’s justice system is under severe pressure from rising lawsuits against the State, increasing crime levels and overstretched legal personnel, attorney-general Festus Mbandeka has warned.

Speaking at the launch of the Office of the Attorney-General’s 2025–2030 strategic plan in Swakopmund last week, Mbandeka painted a candid picture of a system under strain, saying growing demand for legal services is stretching already limited resources.

“Our office faces unprecedented pressures and demands, with a rise in requests for legal advice and legal suits against State institutions,” he said.

He added that increasing crime rates are placing further burden on the justice system, requiring more resources to support prosecution efforts across the country.

At the same time, ageing infrastructure and capacity constraints are slowing down the delivery of justice.

“Our infrastructure, in many places, is ageing, outdated and strains under the weight of modern demands,” Mbandeka said, noting that legal staff are “stretched thin” in an increasingly complex environment.

Modern system

The warning comes as government moves to implement a sweeping five-year reform plan aimed at modernising the justice system, improving efficiency and restoring public trust.

Moreover, the new strategic plan outlines a roadmap to overhaul legal operations, including digitising systems, strengthening human resources and reforming outdated legislation.

Among the most significant reforms is the planned introduction of new laws to modernise the Office of the Attorney-General and strengthen prosecutorial independence.

“The Government Attorney’s Proclamation of 1982 no longer reflects the complexity of our mandate,” Mbandeka said.

Government is now pushing forward with the Office of the Attorney-General Bill, alongside a National Prosecution Authorities Bill, which aims to establish an autonomous prosecutorial authority. The reforms are expected to improve efficiency, accountability and independence within the justice system.

Public disconnect

Furthermore, beyond structural challenges, officials also acknowledged a growing disconnect between the justice system and the public.

Executive director in the justice ministry, Audrin Mathe, said the work of the Attorney-General’s office is often misunderstood and underappreciated.

“You are the quiet guardians of the rule of law… the defenders of the vulnerable and the voice of the public interest,” Mathe told staff.

He stressed that while much of the work happens behind the scenes, it has a direct impact on people’s lives. “Think about the files on your desk. They are the lives of real people. They are families seeking closure and communities demanding safety,” he added.

Mathe also committed to ensuring the successful implementation of the plan, including securing resources for infrastructure upgrades, staff development and operational improvements. “I am committed to ensuring this plan receives the necessary resources,” he said.

Key targets include improving compliance with public service reforms, expanding access to legal research tools and rolling out a digital case management system to improve efficiency. The government also aims to address staff retention challenges and ensure legal professionals are better equipped to handle increasing workloads.

Public engagement is another priority, with plans to increase outreach initiatives and improve transparency in how legal services are delivered.

Mbandeka said rebuilding public trust is essential to strengthening the rule of law. “A justice system that the public does not trust is a justice system that is ineffective,” he stressed.

However, the plan’s success will depend on whether government can secure the necessary funding and address long-standing capacity challenges within the justice system.