Public may be losing trust in judiciary - Geingob
• Lack of judicial officers a concern
The president implored the legal fraternity to explore various alternative dispute settlement mechanisms to alleviate the court roll's caseload.
Ellanie SmitWINDHOEK
Namibia’s judiciary has been constrained by reduced budget allocations, a shortage of judicial officers and limited court infrastructure, which may have led to waning public trust.
At the opening of the 2023 legal year at the Supreme Court, President Hage Geingob said the shortage of judicial officers is further compounded by a lack of qualified legal practitioners.
“These challenges negatively affected the overall administration of justice, which may have led to perceived diminishing public trust in the justice system.”
He said there remain consistent concerns that court rolls are full, and that matters brought before the courts take a long time to be finalised.
“It is also common cause that there are new phenomena whereby more and more people are resorting to litigation in the event of a dispute, thus contributing to a heavy caseload.”
He therefore encouraged the judiciary, the justice ministry and other key players in the legal fraternity to explore innovative ways to increase court capacity.
Geingob also implored the judiciary to explore various alternative dispute settlement mechanisms to alleviate the caseload on the court roll.
Accessibility
According to him, improved accessibility to legal services for persons with disabilities must be urgently addressed through the incorporation of braille and sign language services. Geingob said another prohibitive factor to access justice is inequality and high legal costs.
“The legal fraternity should regularly review its fees and evaluate affordability thereof within the confines of its governance framework.”
Meanwhile, an emerging trend lack of discipline in the legal profession has been reported, he said.
“This is indeed disturbing considering that the legal profession is a highly respected profession. Society holds the legal profession in high esteem and this requires that - as members of this noble profession - you remain above reproach at all times.” The president said high standards of discipline and professionalism must be observed at all times.
Budget vs performance
Chief Justice Peter Shivute said the performance of the judiciary in 2022 must be seen against the backdrop of the overall depressed state of the nation’s public finances. The judiciary’s budget was N$386.7 million, although the amount required to meet its needs was about N$397.8 million, he said, adding that it had a budget execution rate of 74%.
According to him, as of 31 March 2022, the Office of the Judiciary had unpaid invoices totalling N$1.8 million in terms of essential recurrent expenditure such as witness fees.
Those invoices were therefore carried over to the 2022-2023 financial year, which will end in March 2023.
The judiciary has a personnel compliment of 994 approved posts. There are five permanent judges of appeal at the Supreme Court, 30 judges at the High Court and 104 magistrates.
“Finally, there are 855 staff members providing support to judicial officers,” Shivute said.
By 13 December, 253 posts were vacant as they were not funded, of which 50% were in the directorate of lower courts.
Namibia’s judiciary has been constrained by reduced budget allocations, a shortage of judicial officers and limited court infrastructure, which may have led to waning public trust.
At the opening of the 2023 legal year at the Supreme Court, President Hage Geingob said the shortage of judicial officers is further compounded by a lack of qualified legal practitioners.
“These challenges negatively affected the overall administration of justice, which may have led to perceived diminishing public trust in the justice system.”
He said there remain consistent concerns that court rolls are full, and that matters brought before the courts take a long time to be finalised.
“It is also common cause that there are new phenomena whereby more and more people are resorting to litigation in the event of a dispute, thus contributing to a heavy caseload.”
He therefore encouraged the judiciary, the justice ministry and other key players in the legal fraternity to explore innovative ways to increase court capacity.
Geingob also implored the judiciary to explore various alternative dispute settlement mechanisms to alleviate the caseload on the court roll.
Accessibility
According to him, improved accessibility to legal services for persons with disabilities must be urgently addressed through the incorporation of braille and sign language services. Geingob said another prohibitive factor to access justice is inequality and high legal costs.
“The legal fraternity should regularly review its fees and evaluate affordability thereof within the confines of its governance framework.”
Meanwhile, an emerging trend lack of discipline in the legal profession has been reported, he said.
“This is indeed disturbing considering that the legal profession is a highly respected profession. Society holds the legal profession in high esteem and this requires that - as members of this noble profession - you remain above reproach at all times.” The president said high standards of discipline and professionalism must be observed at all times.
Budget vs performance
Chief Justice Peter Shivute said the performance of the judiciary in 2022 must be seen against the backdrop of the overall depressed state of the nation’s public finances. The judiciary’s budget was N$386.7 million, although the amount required to meet its needs was about N$397.8 million, he said, adding that it had a budget execution rate of 74%.
According to him, as of 31 March 2022, the Office of the Judiciary had unpaid invoices totalling N$1.8 million in terms of essential recurrent expenditure such as witness fees.
Those invoices were therefore carried over to the 2022-2023 financial year, which will end in March 2023.
The judiciary has a personnel compliment of 994 approved posts. There are five permanent judges of appeal at the Supreme Court, 30 judges at the High Court and 104 magistrates.
“Finally, there are 855 staff members providing support to judicial officers,” Shivute said.
By 13 December, 253 posts were vacant as they were not funded, of which 50% were in the directorate of lower courts.
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