Third Nakanduungile bail ruling delay 'insensitive'

Senior members of Namibia’s judiciary were able to travel to the north this past weekend to attend the funeral of slain prosecutor Justine Shiweda — even as the magistrate assigned to deliver a crucial bail ruling in her alleged killer’s case has, for the third time, failed to travel due to unpaid allowances.

The contrast has intensified public frustration following yet another postponement in the bail application of medical doctor Fillemon ‘Fly’ Nakanduungile, who – along five others - faces a charge of murder and other counts in connection with Shiweda’s death. The successive delays have been branded 'insensitive', especially towards the family of the deceased, who have been coming to court to hear the bail verdict.

The bail ruling was again not delivered yesterday morning in the Ondangwa Magistrate’s Court, marking the third consecutive delay. Namibian Sun understands that, as with the previous postponements, presiding magistrate Mutwa Billy Lutaka was unable to travel from Otjiwarongo because his daily subsistence allowance (DSA) and subsistence and travel (S&T) claims had not been paid.

Assistant magistrate Cornelius Haipumbu, a court chief clerk who handled the administrative postponement, informed the court that Lutaka had communicated telephonically that he was still awaiting payment from the Office of the Judiciary before travelling to Ondangwa.

It is further understood that Lutaka has also not received an appointment letter from the Magistrates’ Commission authorising him to preside over the matter outside his area of jurisdiction. His appointment in January — made after all Ondangwa magistrates recused themselves — has since expired and requires renewal.

Meanwhile, those who travelled to the north for Shiweda’s funeral in the Oshana Region included Chief Justice Peter Shivute, Deputy Chairperson of the Magistrates’ Commission Hilma Kuduva and Deputy Chief Magistrate Kandiwapa Nembia.

A source close to the matter questioned whether travel allowances for senior judiciary officials were processed while Lutaka’s claims to preside over the case that has shocked the nation remain outstanding.

“This is a serious case. Justine’s family and friends have now come to court three times expecting a ruling, only to leave empty-handed,” the source said.

State prosecutor Yeukai Kangira told the court yesterday that the state was ready to receive the bail ruling.

The repeated postponements are also raising concern within the Namibian Police, who must transport Nakanduungile from Grootfontein — where he is being held — to Ondangwa and back each time the matter is scheduled.

“It is costly to move the accused every time, only for him to be sent back,” one official said. “This is a serious national case, yet it appears to be handled casually.”

Executive director of the Office of the Judiciary, Benhardt Kukuri, declined to comment directly on the specific circumstances surrounding Lutaka’s inability to travel to deliver judgment in the bail application.

Instead, Kukuri outlined the general procedure followed when subsistence and travel allowances are delayed or not processed in time.

He explained that where S&T payments are not finalised, the Judiciary makes alternative arrangements by providing a government vehicle and a driver to transport the magistrate.

“If S&T is not ready, we give a government car and a government driver to take you there. It is then up to the magistrate to decide whether to take up that offer,” Kukuri said.

He added that accommodation considerations sometimes arise when allowances are not paid in advance.

“I have a feeling we have offered a car to take him there and he probably opted to have his S&T because if that is not paid there will be accommodation issues,” he said.

Kukuri further noted that the Judiciary allocates significant resources annually to facilitate the movement of magistrates across the country, particularly in cases where judicial officers recuse themselves.

“Our allocation for magistrates is substantial across the whole country. We have spent about N$8 million allocated for moving magistrates around where others have recused themselves,” he said.

While acknowledging challenges relating to travel and accommodation payments, Kukuri said the Judiciary is engaging the Ministry of Finance to address the matter.

“It’s not fair if there’s no accommodation. We are working with Treasury to sort out the problem. For that specific one, I will give you a no comment for now,” he said.

He added that the situation would be resolved soon.

“We hope by the 26th the situation will be rectified and he will be able to travel and deliver the judgment,” Kukuri said.