The Namibian Magistrates and Judges Association (MJA) has approached the high court to impose sanctions on the government for failing to provide documents in a case over magistrates' salaries, housing and vehicle allowances. The documents are part of an ongoing court case. According to the MJA, the government has failed to comply with a court order issued on October 15 to provide the requested documents by October 30 or provide sworn statements explaining why the documents are not available.
The case involves the Minister of Justice and Labour, Wise Immanuel, the Landdrost Commission, the Minister of Finance, the Attorney General, the President, the Office of the Judiciary and its Executive Director. The MJA has accused government respondents of failing to comply with the court order. The respondents have, however, told the court that extensive consultations have been held with the Ministers of Justice and Finance and that a draft sworn statement responding to the association's request, along with documents in their possession, has been prepared.
The government's legal representatives have told the court that Justice Minister Wise Immanuel is currently abroad on official duties and is expected to return on November 23 to depose the sworn statement. The government has requested an extension until November 26 to resolve the outstanding issues regarding the requested documents. In October 2023, the then Minister of Finance approved adjustments to magistrates' housing and vehicle allowances but not salary increases.
The adjustments were published in the Government Gazette on December 18, 2025, and took effect from April 1, 2025. The MJA has disputed the manner in which the allowances were calculated and aligned with equivalent salary grades for the civil service, arguing that the final structure differs from proposals previously agreed upon with the Office of the Judiciary and the Landdrost Commission.
The association is seeking to have certain provisions of the Magistrates Act declared unconstitutional, arguing that they give the executive excessive influence over matters such as magistrates' remuneration, transfers, discipline and other service conditions, which should fall within the mandate of the Landdrost Commission. The dispute led to a nationwide strike in November 2025, which disrupted criminal and civil proceedings in magistrates' courts across the country.
In October, the MJA indicated that the court record filed by the respondents was incomplete and requested additional documentation to support its case. High Court Judge Shafimana Ueitele subsequently ordered the respondents to provide the requested material or explain under oath why it is not in their possession. A proposed timeline submitted by the parties indicates that the association will engage with the opposing party if the first and third respondents fail to respond by November 26.
The MJA will then serve a formal notice by November 30 and, if the dispute remains unresolved, submit an application by December 4 to compel disclosure. If the application is opposed, the respondents will have until December 15, 2026, to file responding affidavits, while the association will have until January 15, 2027, to file its own. The proposed timeline requires the association to file its heads of argument by January 29, 2027, followed by the respondents on February 3, with the application set down for February 11, 2027.
Key points
- The Namibian Magistrates and Judges Association has asked the high court to impose sanctions on the government for failing to provide documents in a case over magistrates' salaries and allowances.
