High Court, Magistrate Acts face implementation delays

Justice minister Fillemon Immanuel has confirmed that the long-awaited Magistrate’s Court Amendment Act of 2023 and the High Court Amendment Act of 2024 remain a top legislative priority.Immanuel told parliament last week that the new rules for the High Court are expected to be finalised by the end of July.“The operationalisation of these two pieces of legislation remains a top priority for the ministry of justice,” said Immanuel when he responded to questions posed by Swapo MP Tobie Aupindi regarding delays in implementing key justice sector reforms.He explained that work on the High Court Amendment Act began in earnest in 2024 but had to be adjusted midway to accommodate substantive legal changes introduced by the Dissolution of Marriage Act, 2024 (Act No. 10 of 2024).“The Dissolution of Marriage Act introduces substantive changes to the way divorce and related proceedings are handled in the high courts. It is, therefore, essential that the rules governing court procedures reflect those changes,” Immanuel said.Coherent and harmonisedThe minister said the drafting of the High Court rules has been expanded to ensure a coherent and harmonised application of both the High Court Amendment Act and the Dissolution of Marriage Act.Immanuel admitted that the Magistrate’s Court Amendment Act lags far behind. However, there is consensus that the High Court Amendment Act can be operationalised once its rules are finalised."High Court proceedings will then draw both procedural and substantive strength from these implementations,” Immanuel said, adding that prioritisation will be on finalising the legal framework to ensure that the intentions of parliament are realised in real-time.The minister noted that regulations tied to both legislations depend on the finalisation of court rules.He cautioned, however, that even once these amendments are implemented, they will not completely fix the system.“While the recent amendments represent a step in the right direction, we must recognise that they do not resolve all the broader, underlying concerns," the minister said. "They will certainly enhance fairness and access to justice, but they will not, on their own, address all systemic issues,” he added. Immanuel noted that further issues must be explored, including consultations with stakeholders such as civil society, political parties, and financial institutions.Committed to progressHe also acknowledged delays in enforcing laws passed by parliament, which sometimes last for years.“These delays can be attributed to several factors: changes in administration, shifting government priorities, limited resources, and the need for accompanying regulations. Additionally, legal gaps are sometimes discovered after enactment, which may render implementation difficult or even impossible,” he explained.The minister stressed that the current administration is committed to progress. “With the commencement of the 8th administration, the government has taken steps to broaden the democratisation of the law-making process by inviting public participation and proposals for legislative reform."Referring to the new national legislative agenda, he highlighted that the document provides a framework to guide the ministry through the legislative process, helping to ensure proper prioritisation and budgeting for the laws awaiting enactment. nikanor@nmh-hub.com.na

High Court, Magistrate Acts face implementation delays

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Namibian Sun 2025-07-01

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High Court, Magistrate Acts face implementation delays

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Namibian Sun 2025-07-01

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