Magistrates threaten strike over pay, posts

Magistrates across the country are threatening to down tools as early as next week over delays in gazetting their long-promised housing and vehicle benefits, as well as the suspension of temporary magistrate posts – warning that government’s actions are crippling morale in the judiciary.They argue that housing and vehicle allowance increases, effective from 1 April 2025, should already have been gazetted and paid, yet consultations are still dragging on.At the same time, the freeze on temporary magistrate positions has sparked outrage, with serving magistrates saying they are unfairly forced to resign in order to compete, while outsiders with no experience are invited to apply for jobs they would later need to be trained for by the very magistrates being sidelined.The discontent is not new. On 2 October 2023, then-finance minister Ipumbu Shiimi rejected a proposal from then-justice minister Yvonne Dausab to adjust magistrates’ salaries, allowances and benefits.“The Treasury understands the disparity between the magistrates and the legal officers... The proposed increases, however, will create further disparities between the legal officers and similar grades in the public service at large,” Shiimi wrote at the time.“Given the precarious financial, economic and environmental challenges, i.e. drought, coupled with the disrupting parity between the various grades, an increment for the financial year 2024/25 is not supported as it will be unsustainable,” he added.Shiimi, however, approved limited adjustments in housing and car allowances only to align magistrates with other equivalent government grades.Boiling frustrationFrustration has since escalated. On 9 September 2025, the president of the Magistrates’ and Judges’ Association of Namibia (MJAN), Victor Nyazo, wrote to Chief Justice Peter Shivute: “Following several correspondences... addressing legitimate concerns, the Magistrates’ Commission agreed to meet with MJAN Exco... to discuss the objectionable advertised temporary vacancies in the magistracy, the suspension of the gazetting process of service benefits of magistrates and ratification of a memorandum of understanding. Regrettably, there was no consensus. Consequently, there is an ongoing impasse. Moreover... the MJAN has lost confidence in the decision-making processes of the commission.” In his 12 September reply, Shivute distanced himself from direct intervention. “Consultations on these matters are presently ongoing among the statutory authorities entrusted with their administration. It would be premature for me to engage the parties at this stage,” he wrote.That position has only deepened anger. On magistrates’ internal WhatsApp groups, frustration has spilled over.“Since these are relief positions, remuneration should and cannot be based as if the person holds the substantive position... In the current form it’s very bad for us who are in the system,” one magistrate said.Another added: “The current framework for temporary regional positions presents a potential challenge... Acting judges revert to their original positions after their contract, but magistrates seeking regional court experience must resign. Seems unfair after years of serving the magistracy.”Others warned that the recruitment drive will choke the courts: “Appointments commencing late in the year will overlap with the December–January slowdown... This will inevitably create serious backlogs in both regional and district courts, especially where acting magistrates inherit part-heards. Regional and many district court matters involve lengthy, complex criminal trials with multiple witnesses and trial-within-a-trial procedures.”“Temporary appointments disadvantage serving magistrates... It is more effective and efficient to have permanent magistrates appointed to acting positions in higher ranks. The MJA has already raised the issue with the commission, but were ignored. We bring an application to interdict the process pending the review,” another magistrate said.Impasse deepensInternally, magistrates are aware of two competing proposals now sitting before the minister – one from the executive director’s office and another from the Magistrates’ Commission – with the Public Service Commission still in talks on whether the figures align with broader civil service pay.But patience is wearing thin. As one magistrate put it: “Temporary appointments, if ever they do, like all of us did, must start at the bottom not from the top. It is not cool.”Another message was more blunt: “We all together. Pens down. No court. We should strike. This will cause a catastrophe. No courts functioning the whole country but a point needs to be made. We want our money.”When contacted for comment yesterday, executive director of the Office of the Judiciary Benhardt Kukuri said he could not respond as the matters fall under the constitutional mandate of the Magistrates’ Commission. The commission referred Namibian Sun back to the judiciary when approached for comment. nikanor@nmh-hub.com.na

Magistrates threaten strike over pay, posts

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Namibian Sun 2025-11-06

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Magistrates threaten strike over pay, posts

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Namibian Sun 2025-11-06

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