Judges, magistrates demand halt to temporary magistrate recruitment
Candidates already serving as magistrates would be required to resign
The Magistrates’ and Judges Association of Namibia, through its legal representatives, has demanded that the Magistrates Commission immediately halt the recruitment process for all temporary magistrate positions advertised on 15 August 2025.
In a letter dated 10 October 2025, addressed to Commission chairperson Justice Boas Uusiku and seen by Namibian Sun, the association warned that unless the Commission provides a written undertaking to stop the process by 16h00 on Monday, 13 October, a review application – including interdictory relief – will be lodged, with legal costs.
According to the letter, the dispute stems from developments that began in April, when a vacancy for Deputy Chief Magistrate was advertised internally.
The association said that on 18 June, it wrote to the Commission objecting to the prescribed minimum requirements and expressing concern over planned temporary appointments.
“In that letter, our client also objected to the removal of the bench experience requirement and advocated that the change is unrealistic and institutionally unsound. Our client noted that it would be impractical and detrimental to appoint a person without judicial experience, whose professional background is confined to prosecutorial or legal practice roles, to a position responsible for training, guiding, and mentoring judicial officers,” the letter stated.
The association argued that the removal of the 10-year bench experience requirement was “irrational, unjustified, and detrimental to the administration of justice”.
It said judicial appointments must comply with constitutional principles of legality, reasonableness, and procedural fairness.
Long-serving magistrates feel sidelined by shifting standards
The letter accused the Commission of introducing “inconsistent, unpredictable, and unprecedented alterations” to appointment criteria without proper consultation, creating perceptions of unfairness among long-serving magistrates. “These arbitrary changes have fostered perceptions of unfairness, particularly among career magistrates who have diligently served within the system,” the lawyers wrote.
The association also objected to the plan to fill regional, principal, and senior magistrate posts on a temporary basis, warning that it could disrupt continuity in complex cases. It argued that many magistrates with more than 10 years’ experience had been denied acting opportunities, while outsiders were being considered for temporary roles.
“This creates a two-tier system: magistrates within the judiciary are expected to meet standards that are constantly shifting, while opportunities are extended to others under different conditions,” the letter said.
After receiving the association’s June correspondence, the Commission reportedly undertook to re-advertise the deputy chief magistrate post to correct an omission concerning supervisory or management experience.
However, the association said it remained concerned that the new requirements and benefits structure, including proposed hikes in housing and vehicle allowances, would create disparities across grades. It therefore requested suspension of the gazetting process until its concerns were addressed.
Further objections were filed on 31 July, demanding that the supervisory-experience requirement be withdrawn until a legally binding and properly consulted policy was in place.
The Commission acknowledged receipt on 5 August but, according to the association, re-advertised the post three days later without consultation.
Commission accused of ignoring repeated objections
The lawyers said the 15 August advertisement invited applications for six temporary regional court magistrates, three temporary principal magistrates, 15 temporary senior magistrates, and three temporary magistrates, with appointments ending on 31 March 2026.
Candidates already serving as magistrates would be required to resign from their permanent positions if appointed temporarily.
The association sought an urgent audience with the Commission on 19 August.
A meeting on 4 September ended in deadlock, prompting the association to seek intervention from the chief justice, who replied on 12 September that consultations were continuing. “However,” the letter noted, “no substantive feedback has been received to date.”
Unable to reach consensus, the association’s executive committee met on 30 September, resolved to pursue legal action, and on 7 October formally appointed its lawyers.
“Our instructions are that the written tests in respect of the temporary magistrate positions advertised on 15 August 2025 are set to commence on 13 October, with the oral interviews scheduled for Wednesday, 15 October 2025,” the letter said.
The executive director of the Judiciary, Benhardt Kukuri, on Sunday confirmed that the chairperson had received the association’s letter.
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In a letter dated 10 October 2025, addressed to Commission chairperson Justice Boas Uusiku and seen by Namibian Sun, the association warned that unless the Commission provides a written undertaking to stop the process by 16h00 on Monday, 13 October, a review application – including interdictory relief – will be lodged, with legal costs.
According to the letter, the dispute stems from developments that began in April, when a vacancy for Deputy Chief Magistrate was advertised internally.
The association said that on 18 June, it wrote to the Commission objecting to the prescribed minimum requirements and expressing concern over planned temporary appointments.
“In that letter, our client also objected to the removal of the bench experience requirement and advocated that the change is unrealistic and institutionally unsound. Our client noted that it would be impractical and detrimental to appoint a person without judicial experience, whose professional background is confined to prosecutorial or legal practice roles, to a position responsible for training, guiding, and mentoring judicial officers,” the letter stated.
The association argued that the removal of the 10-year bench experience requirement was “irrational, unjustified, and detrimental to the administration of justice”.
It said judicial appointments must comply with constitutional principles of legality, reasonableness, and procedural fairness.
Long-serving magistrates feel sidelined by shifting standards
The letter accused the Commission of introducing “inconsistent, unpredictable, and unprecedented alterations” to appointment criteria without proper consultation, creating perceptions of unfairness among long-serving magistrates. “These arbitrary changes have fostered perceptions of unfairness, particularly among career magistrates who have diligently served within the system,” the lawyers wrote.
The association also objected to the plan to fill regional, principal, and senior magistrate posts on a temporary basis, warning that it could disrupt continuity in complex cases. It argued that many magistrates with more than 10 years’ experience had been denied acting opportunities, while outsiders were being considered for temporary roles.
“This creates a two-tier system: magistrates within the judiciary are expected to meet standards that are constantly shifting, while opportunities are extended to others under different conditions,” the letter said.
After receiving the association’s June correspondence, the Commission reportedly undertook to re-advertise the deputy chief magistrate post to correct an omission concerning supervisory or management experience.
However, the association said it remained concerned that the new requirements and benefits structure, including proposed hikes in housing and vehicle allowances, would create disparities across grades. It therefore requested suspension of the gazetting process until its concerns were addressed.
Further objections were filed on 31 July, demanding that the supervisory-experience requirement be withdrawn until a legally binding and properly consulted policy was in place.
The Commission acknowledged receipt on 5 August but, according to the association, re-advertised the post three days later without consultation.
Commission accused of ignoring repeated objections
The lawyers said the 15 August advertisement invited applications for six temporary regional court magistrates, three temporary principal magistrates, 15 temporary senior magistrates, and three temporary magistrates, with appointments ending on 31 March 2026.
Candidates already serving as magistrates would be required to resign from their permanent positions if appointed temporarily.
The association sought an urgent audience with the Commission on 19 August.
A meeting on 4 September ended in deadlock, prompting the association to seek intervention from the chief justice, who replied on 12 September that consultations were continuing. “However,” the letter noted, “no substantive feedback has been received to date.”
Unable to reach consensus, the association’s executive committee met on 30 September, resolved to pursue legal action, and on 7 October formally appointed its lawyers.
“Our instructions are that the written tests in respect of the temporary magistrate positions advertised on 15 August 2025 are set to commence on 13 October, with the oral interviews scheduled for Wednesday, 15 October 2025,” the letter said.
The executive director of the Judiciary, Benhardt Kukuri, on Sunday confirmed that the chairperson had received the association’s letter.
[email protected]
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