Namibia's justice system is grappling with significant challenges, including poor court infrastructure, shortages of specialist services, and weak record management. These issues were highlighted at the recent State of Justice Conference in Windhoek, where officials called for practical measures to address weaknesses across the justice chain. The problems are affecting the delivery of justice, with many courts remaining inaccessible and poorly maintained.
The Ministry of Justice and Labour Relations executive director, Audrin Mathe, pointed out that some courts lack secure waiting areas, private consultation spaces, and suitable facilities for children who have survived gender-based violence. He also identified connectivity and record-management challenges, which can impact the movement and handling of information needed for cases to progress. Furthermore, a shortage of psychiatrists available to conduct forensic assessments is causing lengthy waits for specialist evaluations, potentially delaying proceedings.
Mathe emphasized that the sector must tackle avoidable postponements, which are often caused by incomplete investigations, missing records, unavailable witnesses, delayed reports, transport problems, and poor communication. He stressed that better preparation, timely information sharing, effective representation, and accurate data could help reduce unnecessary delays. According to Mathe, the goal is to move from managing avoidable postponements to preventing them.
Chief Justice Peter Shivute noted that the problems identified by Mathe are not confined to individual institutions, but rather affect the entire justice chain. He emphasized that weaknesses in one part of the justice chain can place pressure on the rest of the system. Shivute cited delays in investigation, prosecution, and adjudication as examples of how the problems can have far-reaching consequences.
Shivute stressed that the consequences of a slow justice system are ultimately felt across the sector. He cautioned that greater cooperation should not blur the constitutional and statutory mandates of individual institutions. Shivute welcomed plans for actionable resolutions with defined responsibilities and timelines, together with a mechanism to monitor implementation and report progress.
Prime Minister Elijah Ngurare called for stronger institutional cooperation, improved funding, and better access to justice. He also urged justice institutions to integrate their information and communication technology systems while protecting data sovereignty. Ngurare emphasized the need for the legal profession to exercise "legal common sense" and avoid using legal processes to harass people.
The conference concluded with a call for action, with officials emphasizing the need for practical measures to address the challenges facing the justice system. The emphasis is on implementation and follow-up, with a focus on producing tangible results rather than just another set of recommendations. The goal is to create a more efficient and effective justice system that delivers justice to the people of Namibia.
Key points
- The Namibian justice system faces significant challenges, including poor infrastructure, specialist service shortages, and weak record management.
- Officials are calling for practical measures to address weaknesses across the justice chain and improve access to justice.
- Greater cooperation and improved funding are needed to address the challenges facing the justice system.
