Magistrates’ allowances dispute returns to court

The High Court has given the president, justice and finance ministers and the attorney general until 30 October to provide additional documents requested by the Magistrates’ and Judges’ Association of Namibia in a review case involving magistrates’ housing and vehicle allowances.High Court judge Shafimana Ueitele issued the order on 15 October after the association indicated that it considered the review record filed by the respondents incomplete.The dispute concerns how magistrates’ allowances were aligned with equivalent grades in the public service and whether the adjustments correctly reflected an approval granted in October 2023.Court documents included in the review record show that the association, through its lawyers, questioned the grades used to calculate benefits for several ranks, including the chief magistrate, deputy chief magistrate, divisional magistrates and regional court magistrates.In a letter dated 30 October 2025, Metcalfe Beukes Attorneys argued that the proposed adjustments placed certain positions against lower government grades than those corresponding with their salaries, resulting in incorrect benefits.The lawyers said the association had accepted an earlier adjustment approved by the Office of the Judiciary in August 2025 because it corrected previous discrepancies. However, it subsequently raised objections to a revised schedule.Justice and labour relations minister Fillemon Wise Immanuel defended the process in a response dated 31 October 2025, saying the statutory requirements had been met.He said the adjustments concerned housing and vehicle allowances, excluding basic salaries.“Further, the alignment of housing and car allowances is independent of the basic salary and is exclusively based on the similar grades in government," Immanuel wrote.He also said an apparent discrepancy that placed a regional court magistrate’s housing allowance above those of more senior ranks was a typographical error that had been corrected.The increases were subsequently published in the Government Gazette on 18 December 2025, with effect from 1 April 2025.Further disclosureThe immediate issue before the court is the disclosure of documents.According to the parties’ joint status report dated 13 October, the four respondents filed a review record on 2 October in compliance with an earlier court order.After examining it, the Magistrates’ and Judges’ Association indicated that it considered the record incomplete and intended to request further documents.Under Ueitele’s order, the association must file its notice identifying the additional documents by 22 October.The four respondents must provide the requested material by 30 October or “state on oath or by affirmation that such documents, analogues or digital recordings are not in their possession”.The respondents must allow the association to inspect and copy the additional documents and supplement the record filed with the court registrar by 3 November.

Magistrates’ allowances dispute returns to court

Comments

Namibian Sun 2026-10-23

Please login to leave a comment

Magistrates’ allowances dispute returns to court

Comments

Namibian Sun 2026-10-23

Please login to leave a comment

Subscription Required to Access Content ×

Subscription Required to Access Content