Shivute meets Magistrates’ Commission amid looming strike
Judiciary on edge
If the strike action goes ahead, it would be an unprecedented moment in Namibia's judicial history.
Under pressure, Namibia’s chief justice Peter Shivute yesterday met the Magistrates’ Commission as magistrates threaten a nationwide partial strike – a development that could potentially see court clerks roped in to postpone cases.
The meeting, Namibian Sun understands, was a last-ditch effort to persuade magistrates to pour cold water over their plans, partly on the basis that no law permits them to strike.
It remains unclear whether Shivute made any concessions to the magistrates’ demands during yesterday’s meeting in an attempt to avert the strike action.
Senior judiciary figures have described the threat of a go-slow strike, in which workers do their jobs but reduce their productivity or work pace, as highly irregular, noting that the law only allows clerks to act in a magistrate’s capacity in cases of legally sanctioned absence, such as illness or approved leave.
A judicial official told Namibian Sun that any attempt to have clerks preside during a strike could expose the judiciary to legal challenges.
“There are new legal provisions preventing clerks from stepping in during a strike. Any cases heard under such circumstances could be challenged and possibly declared invalid,” the official cautioned.
“We could be sued by accused persons who would argue that their matters were presided over by irregular officials.”
Legal uncertainties
Magistrates across the country are threatening to commence a so-called ‘go-slow’ strike from tomorrow, 5 November, if the justice ministry fails to engage with the Magistrates’ and Judges’ Association of Namibia (MJAN) over long-standing demands for adjustments to housing and vehicle allowances.
A go-slow strike involves a deliberate reduction in work pace by organised labour as a tactic in industrial conflict.
The planned strike has raised serious legal questions about its legitimacy and the courts’ ability to function during the stoppage.
A senior judiciary source said magistrates’ status as judicial officers complicates their right to strike.
“The magistrates must answer that themselves. On what grounds in law do they have the right to go on strike? A judicial officer would say we suppress the judicial power if we go on strike,” the source said, adding that the judiciary must assess the broader implications.
Magistrates cry foul
Advocate Florian Beukes, representing MJAN, defended the planned action, describing it as a last resort after years of unfulfilled promises regarding benefits and working conditions.
“Regardless of how many times they engage, everything just falls on deaf ears. They want to force the hand of the commission and the minister of justice to come to the table and negotiate,” Beukes said.
He said magistrates have repeatedly sought the implementation of previously approved housing and vehicle allowance adjustments, endorsed by the finance ministry in 2023, but to no avail.
“All they want is fair treatment. They are tired of promises – that’s why we are at this point now,” he added.
Letter of demand
In a letter dated 30 October, Beukes called on the ministry to halt any steps towards gazetting the 2025/26 allowance structures and to implement the verified proposal by the executive director of the Office of the Judiciary dated 6 August.
The lawyers also demanded the establishment of clear policies governing magistrates’ conditions of service, including the commencement of a Job Evaluation and Grading (JEG) exercise as required by Section 27 of the Magistrates Act.
The letter warns that failure to act could result in urgent High Court action to interdict the ministry.
“Should your esteemed ministry fail to engage our client and persist with gazetting the phase 3 benefits, our client’s members across Namibia have resolved to commence a partial stoppage of work effective 5 November 2025,” the letter reads.
Such a strike would disrupt civil and criminal trials, bail applications and opposed motions nationwide until the demands are addressed.
The meeting, Namibian Sun understands, was a last-ditch effort to persuade magistrates to pour cold water over their plans, partly on the basis that no law permits them to strike.
It remains unclear whether Shivute made any concessions to the magistrates’ demands during yesterday’s meeting in an attempt to avert the strike action.
Senior judiciary figures have described the threat of a go-slow strike, in which workers do their jobs but reduce their productivity or work pace, as highly irregular, noting that the law only allows clerks to act in a magistrate’s capacity in cases of legally sanctioned absence, such as illness or approved leave.
A judicial official told Namibian Sun that any attempt to have clerks preside during a strike could expose the judiciary to legal challenges.
“There are new legal provisions preventing clerks from stepping in during a strike. Any cases heard under such circumstances could be challenged and possibly declared invalid,” the official cautioned.
“We could be sued by accused persons who would argue that their matters were presided over by irregular officials.”
Legal uncertainties
Magistrates across the country are threatening to commence a so-called ‘go-slow’ strike from tomorrow, 5 November, if the justice ministry fails to engage with the Magistrates’ and Judges’ Association of Namibia (MJAN) over long-standing demands for adjustments to housing and vehicle allowances.
A go-slow strike involves a deliberate reduction in work pace by organised labour as a tactic in industrial conflict.
The planned strike has raised serious legal questions about its legitimacy and the courts’ ability to function during the stoppage.
A senior judiciary source said magistrates’ status as judicial officers complicates their right to strike.
“The magistrates must answer that themselves. On what grounds in law do they have the right to go on strike? A judicial officer would say we suppress the judicial power if we go on strike,” the source said, adding that the judiciary must assess the broader implications.
Magistrates cry foul
Advocate Florian Beukes, representing MJAN, defended the planned action, describing it as a last resort after years of unfulfilled promises regarding benefits and working conditions.
“Regardless of how many times they engage, everything just falls on deaf ears. They want to force the hand of the commission and the minister of justice to come to the table and negotiate,” Beukes said.
He said magistrates have repeatedly sought the implementation of previously approved housing and vehicle allowance adjustments, endorsed by the finance ministry in 2023, but to no avail.
“All they want is fair treatment. They are tired of promises – that’s why we are at this point now,” he added.
Letter of demand
In a letter dated 30 October, Beukes called on the ministry to halt any steps towards gazetting the 2025/26 allowance structures and to implement the verified proposal by the executive director of the Office of the Judiciary dated 6 August.
The lawyers also demanded the establishment of clear policies governing magistrates’ conditions of service, including the commencement of a Job Evaluation and Grading (JEG) exercise as required by Section 27 of the Magistrates Act.
The letter warns that failure to act could result in urgent High Court action to interdict the ministry.
“Should your esteemed ministry fail to engage our client and persist with gazetting the phase 3 benefits, our client’s members across Namibia have resolved to commence a partial stoppage of work effective 5 November 2025,” the letter reads.
Such a strike would disrupt civil and criminal trials, bail applications and opposed motions nationwide until the demands are addressed.
Comments
Namibian Sun
No comments have been left on this article