Shortage of magistrates must be addressed

ELLANIE SMIT

WINDHOEK



Chief Justice Peter Shivute says the shortage of magistrates has greatly affected access to justice in the country, especially in remote areas.

Shivute said this in a speech read on his behalf at the annual magistrates' conference.

Shivute said he had noted a number of vacancies at several district courts.

“The inadequacy in staffing has greatly affected access to justice as the few officers can only handle a certain percentage of the workload in the courts and cannot sufficiently meet the justice needs of the majority, especially in remote areas of the country.”

Shivute said these vacancies must be filled as soon as possible to address the shortage of magistrates countrywide.



Divorce courts

He further elaborated on initiatives planned by the Office of the Judiciary, mentioning the extension of divorce jurisdiction to regional courts.

At the moment the High Court has exclusive jurisdiction to deal with divorce matters and anyone who intends to institute divorce proceedings, irrespective of location, can only do so at either the High Court Main Division in Windhoek or the Northern Local Division at Oshakati.

“This situation has placed enormous pressure on the workload of the court.

“Once implemented, this initiative will relieve pressure on the court as well as reduce costs associated with travelling for litigants that reside at a distance to any of these divisions,” Shivute said.

Another initiative is the introduction of Small Claims Courts, which would promote greater access to justice at minimal cost.



Case backlog strategy

The Judiciary has also implemented a strategy to reduce and eventually eliminate the backlog of cases building up at magistrate's courts.

“We have in place a Case Backlog Reduction Committee, headed by the chief magistrate.

“The committee is overseeing the implementation of the case backlog reduction strategy,” Shivute said.

A pilot project was launched in September 2019 in the two worst-affected areas, namely the Oshakati Division and the Windhoek Central Division.

The pilot project was expected to run for a year, to September 2020, but the coronavirus pandemic disrupted it.

It is envisaged that this project will continue in the new financial year.

In terms of the strategy, all cases older than 12 months will receive priority listing and finalisation.

All pending judgments will be delivered, a case backlog clearance plan tailored to a specific court will be developed and implemented, and attempts will be made to increase the number of magistrates at all courts.