Outdated witness fees leave court witnesses out of pocket, ex-cop warns

A former police officer has warned that Namibia's court witness fee system, last reviewed 12 years ago, no longer keeps pace with rising transport and accommodation costs.The officer said many witnesses are now forced to cover expenses from their own pockets to attend court proceedings.Under the current system, witnesses receive a daily allowance of N$650, while transport reimbursements are paid at N$3.50 per kilometre for the first 600 kilometres and N$1.50 per kilometre thereafter. The payments are intended to cover transport, accommodation and meals for witnesses subpoenaed in criminal proceedings.Judiciary executive director Benhardt Kukuri confirmed that witness fees have not been reviewed since 2014 and that the budget was reduced from about N$8 million to N$5 million in the current financial year.Speaking on condition of anonymity, the former officer, who frequently appears as a state witness in criminal matters, said the current rates are inadequate, particularly for witnesses travelling long distances.He said the existing structure often fails to cover actual expenses once fuel, meals and accommodation are factored in.Citing an example, he said a return trip between Oranjemund and Windhoek, a journey of roughly 2 000 km, would cost far more than what witnesses are reimbursed by the state.“In most cases, you are left out of pocket. You travel, you pay for accommodation, and what you get back does not match what you spent.”He warned that inadequate refunds could discourage witnesses from returning to court, particularly in cases involving repeated postponements and multiple appearances.“That affects cases. If witnesses struggle to return, matters are delayed or postponed, and that also costs the state more in the long run,” he said.Review urgent amid cost of living crisisIn February, Namibian Sun reported that magistrate Mutwa Billy Lutaka failed to travel to Ondangwa to preside over the bail application of medical doctor Fillemon ‘Fly’ Nakanduungile and five co-accused in the murder case of slain prosecutor Justine Shiweda.The bail ruling had to be postponed three times because Lutaka could not afford to travel from Otjiwarongo to Ondangwa Magistrate's Court due to unpaid daily subsistence allowance, subsistence and travel claims.Assistant magistrate Cornelius Haipumbu, a court chief clerk who handled the administrative postponement, informed the court that Lutaka had telephonically informed him he was still awaiting payment from the Office of the Judiciary before travelling to Ondangwa.State prosecutor Yeukai Kangira also told the court that Lutaka had previously travelled twice at his own expense.Kangira added that the Office of the Judiciary was finalising Lutaka's daily subsistence allowance, as well as transport and accommodation claims, to ensure his availability.Kukuri told Namibian Sun on Wednesday that the witness fee structure has remained unchanged for more than a decade despite the steep rise in living costs.“We take note that the amount has not been reviewed since 2014. There is a need to reflect on it, especially considering fuel increases and general cost of living changes,” Kukuri said.He explained that the judiciary operates within funding limits determined through Treasury allocations and said any increase in witness fees would require government approval.Witness fee expenditure stood at about N$8 million in the previous financial year but has since been reduced to approximately N$5 million for magistrates’ courts and around N$645 000 for the High Court, Kukuri noted.The cuts form part of broader reductions affecting the judiciary's budget, including an N$83 million reduction to parts of its overall allocation as the government tightens expenditure across departments.Witnesses key to casesKukuri said the judiciary continues to manage a large caseload across dozens of magistrates’ courts countrywide, placing further strain on administrative and financial resources.He said witness payments are processed in line with the Criminal Procedure Act and related regulations, with attendance first certified by magistrates and prosecutors before payment is authorised.Kukuri noted that the judiciary has introduced electronic payment systems, including e-wallet transfers, to help witnesses receive payments more quickly.“In some cases, matters finish after office hours. The e-wallet system allows witnesses to receive payments without having to return the next day,” he said.Kukuri stressed that witnesses remain central to the functioning of the justice system because they help the state prove criminal cases, but said the institution must balance operational needs against limited public resources.phillipus@nmh-hub.com.na

Outdated witness fees leave court witnesses out of pocket, ex-cop warns

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Namibian Sun 2026-05-15

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Outdated witness fees leave court witnesses out of pocket, ex-cop warns

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Namibian Sun 2026-05-15

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