Bettering access to justice
The cost of securing legal counsel and justice is far beyond the reach of many Namibians and this is one of the reforms set to take place this year.
Judicial authorities are hard at work implementing legal reforms aimed at streamlining the justice process and ironing out some of the challenges undermining the right of some Namibians to access justice in Namibian courts.
A key reform on the cards is the creation of draft legislation to address the pricey and often lengthy legal processes that bar many Namibians from being able to afford justice.
Chief Justice Peter Shivute, at the opening of the 2018 legal year last week, said that draft legislation on small-claims courts, when enacted, “will promote greater access to justice for the community at minimal costs.”
He said the draft legislation had been forwarded to the justice ministry, who were working on readying the draft law for tabling to the Executive.
Civil society and others have long urged the justice ministry to create a small-claims court to broaden access to justice.
Last year, the findings of an investigation into racism, racial and other forms of discrimination, initiated by the ombudsman's office, found that “it is clear that the current legal framework does not provide … equal access to our courts.”
The report further noted that the current legal system is “adversarial, expensive and potentially intimidating”, often acting as “a barrier to those seeking justice”.
A key proposal from the report was to create a “user-friendly court environment where proceedings are conducted along inquisitorial lines with the emphasis on informality, participation and the speedy processing of matters”.
Ombudsman John Walters and colleagues noted that a small-claims court or informal tribunal would exclude the need for lawyers and dispense “simple justice”.
A 2012 Legal Assistance Centre publication on access to justice in Namibia also proposed the establishment of a small-claims court. “Legal practitioners would not be allowed to appear before a small-claims court, so there would be no need to reimburse the winning party for any counsel fees. The limited costs rules also reflect the inquisitorial nature of the proceedings, which should relieve litigants of costly investigations.”
The LAC underlined the fact that steps to create a small-claims court were already taken in 1997 when the Law Reform and Development Commission issued a report proposing the establishment of an informal, non-adversarial court system in which individuals could litigate specified categories of disputes involving relatively small sums.
A draft bill appended to the Law Reform and Development Commission report proposed separate rules for costs in such cases, suggesting that the only costs a small claims court would have the power to award would be court fees and expenses related to the issue off summons.
Reducing the sting of divorce
Shivute said another key reform undertaken is to expand the jurisdiction of district courts to allow them to handle divorce cases.
He said redistributing the ability of dealing with divorces would help relieve the pressure on the High Court.
Amendments to the Magistrate's Courts Act to bring it in line with the new constitutional dispensation granting administrative and financial autonomy to the Judiciary are also on the cards.
Another step to improve access to justice, specifically for the business community, is the reviewing of a possible legal framework for the adjudication of commercial disputes, especially in the High Court.
Shivute said following extensive consultations it became clear that “in essence, the business community would like to see a fast-track process for the resolution of commercial disputes.”
Bringing the judiciary in line with the world of modern technology, the Office of the Judiciary has opened 72 bank accounts from which and into which the Judiciary administers trust funds.
The accounts are used for the payment of maintenance, the refund of bail money and to facilitate payments to court.
The next step is allow the court to make direct electronic fund transfers to beneficiaries using these bank accounts, Shivute said.
Shivute praised successful reforms at the High Court, including judicial management, mediation and e-justice systems, which have helped speed up case management and reduced litigation costs.
“The success rate of matters referred to mediation improved from 60.4% in 2016 to 68% in 2017,” he said.
JANA-MARI SMITH
A key reform on the cards is the creation of draft legislation to address the pricey and often lengthy legal processes that bar many Namibians from being able to afford justice.
Chief Justice Peter Shivute, at the opening of the 2018 legal year last week, said that draft legislation on small-claims courts, when enacted, “will promote greater access to justice for the community at minimal costs.”
He said the draft legislation had been forwarded to the justice ministry, who were working on readying the draft law for tabling to the Executive.
Civil society and others have long urged the justice ministry to create a small-claims court to broaden access to justice.
Last year, the findings of an investigation into racism, racial and other forms of discrimination, initiated by the ombudsman's office, found that “it is clear that the current legal framework does not provide … equal access to our courts.”
The report further noted that the current legal system is “adversarial, expensive and potentially intimidating”, often acting as “a barrier to those seeking justice”.
A key proposal from the report was to create a “user-friendly court environment where proceedings are conducted along inquisitorial lines with the emphasis on informality, participation and the speedy processing of matters”.
Ombudsman John Walters and colleagues noted that a small-claims court or informal tribunal would exclude the need for lawyers and dispense “simple justice”.
A 2012 Legal Assistance Centre publication on access to justice in Namibia also proposed the establishment of a small-claims court. “Legal practitioners would not be allowed to appear before a small-claims court, so there would be no need to reimburse the winning party for any counsel fees. The limited costs rules also reflect the inquisitorial nature of the proceedings, which should relieve litigants of costly investigations.”
The LAC underlined the fact that steps to create a small-claims court were already taken in 1997 when the Law Reform and Development Commission issued a report proposing the establishment of an informal, non-adversarial court system in which individuals could litigate specified categories of disputes involving relatively small sums.
A draft bill appended to the Law Reform and Development Commission report proposed separate rules for costs in such cases, suggesting that the only costs a small claims court would have the power to award would be court fees and expenses related to the issue off summons.
Reducing the sting of divorce
Shivute said another key reform undertaken is to expand the jurisdiction of district courts to allow them to handle divorce cases.
He said redistributing the ability of dealing with divorces would help relieve the pressure on the High Court.
Amendments to the Magistrate's Courts Act to bring it in line with the new constitutional dispensation granting administrative and financial autonomy to the Judiciary are also on the cards.
Another step to improve access to justice, specifically for the business community, is the reviewing of a possible legal framework for the adjudication of commercial disputes, especially in the High Court.
Shivute said following extensive consultations it became clear that “in essence, the business community would like to see a fast-track process for the resolution of commercial disputes.”
Bringing the judiciary in line with the world of modern technology, the Office of the Judiciary has opened 72 bank accounts from which and into which the Judiciary administers trust funds.
The accounts are used for the payment of maintenance, the refund of bail money and to facilitate payments to court.
The next step is allow the court to make direct electronic fund transfers to beneficiaries using these bank accounts, Shivute said.
Shivute praised successful reforms at the High Court, including judicial management, mediation and e-justice systems, which have helped speed up case management and reduced litigation costs.
“The success rate of matters referred to mediation improved from 60.4% in 2016 to 68% in 2017,” he said.
JANA-MARI SMITH
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