The recent State of Justice Conference in Windhoek has highlighted the need for Namibia to take concrete steps to address the weaknesses in its justice system. The conference, which concluded after three days, identified several key issues, including poorly maintained court facilities, inaccessible buildings, and inadequate waiting and consultation spaces. These issues have a direct impact on the lives of real people, including accused persons, victims, and witnesses. The justice system needs to be fixed to ensure that justice is delivered fairly, efficiently, and within a reasonable time.
The Ministry of Justice and Labour Relations executive director, Audrin Mathe, has warned that the country must move from managing avoidable postponements to preventing them. He emphasized that delays caused by incomplete investigations, missing records, and unavailable witnesses should not become an accepted feature of the administration of justice. The Chief Justice, Peter Shivute, has also highlighted the need for institutions to cooperate more closely without compromising their independence or constitutional mandates. The justice system is a single chain, and a breakdown at one point can have consequences elsewhere.
The conference heard that Namibia's justice system faces serious infrastructure, capacity, coordination, and administrative weaknesses. The issues are not new or abstract, and they ultimately affect real people. The justice system needs to be modernized, including the use of information technology to improve information flows and coordination. The Prime Minister, Elijah Ngurare, has proposed integrating ICT systems across the justice chain, which could improve efficiency and reduce delays. However, cybersecurity, privacy, and data sovereignty must be properly protected.
The capacity of the justice system is also a major concern. There is a shortage of qualified personnel and specialist services, including psychiatrists available for forensic assessments. The absence or limited availability of experts can become a bottleneck affecting the entire case. Investment in justice should be understood not as an expense, but as an investment in the rule of law. The justice system needs to be able to operate efficiently, and this requires sufficient resources and capacity.
The public's confidence in institutions can suffer when they repeatedly encounter postponements, inaccessible facilities, and lengthy waits. The loss of confidence is not neatly assigned to one institution, but is shared across the justice system. The legal profession also has a responsibility to ensure that legitimate legal processes are not unnecessarily prolonged or used to harass individuals. The Prime Minister's call for "legal common sense" should be understood within the broader need for a justice system that protects rights while avoiding needless procedural abuse.
The State of Justice Conference has done the country a service by placing the weaknesses of the justice system firmly on the national agenda. However, conferences do not deliver justice – courts, investigators, prosecutors, lawyers, corrections officials, and administrators do. The most powerful resolution to emerge from the conference should be simple: no more postponing the fixing of justice. The country has identified the problems; now it must deliver the solutions.
The implementation of the recommendations from the conference will be crucial. Chief Justice Shivute's call for actionable resolutions, clearly defined responsibilities, timelines, and mechanisms to monitor progress is particularly important. Every major recommendation should have an owner, a deadline, and a measurable outcome. The public should be able to ask, six months from now: What has been done? A year from now: Which targets have been met? And if targets have not been met: Why not? Accountability must become part of the justice reform process itself.
Key points
- The Namibian government must take concrete steps to address the weaknesses in its justice system.
- The justice system needs to be modernized, including the use of information technology to improve information flows and coordination.
- The implementation of the recommendations from the conference will be crucial to ensuring that the justice system is fixed.
