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BUDGET CONSTRAINTS: Benhardt Kukuri. PHOTO: FILE
BUDGET CONSTRAINTS: Benhardt Kukuri. PHOTO: FILE

Limited budget slows the wheels of justice

Some witnesses exploit the system
Some prosecutors claim they have personally forked out money so that witnesses could travel to testify in cases.
Tuyeimo Haidula
Regional court state prosecutors in Oshana and Omusati are unhappy with the postponement of cases because of limited funds to pay the travel expenses for state witnesses.

Namibian Sun spoke to several prosecutors stationed at the Ondangwa and Outapi magistrate courts, who complained about the lack of money for travel allowances for their witnesses. Some prosecutors claim they have personally forked out money so that witnesses could travel to testify in cases.

They added that the backlog of unpaid fees is so high, that when money is made available, the state has to reimburse those who had travelled in previous cases without being paid.

“Not only are suspects inconvenienced by these postponements, but also other witnesses and attorneys, who travel long distances to be present in court,” one of the prosecutors said.

Constraints

Legal officers said postponing cases due to a lack of money was an "unacceptable reason".

Currently, the state pays its witnesses N$1 per kilometre for the first 600 km and 50 cents per kilometre for the remaining distance. The state also provides N$50 per day for meals.

In addition to the delay in payments, the prosecutor general’s office has been asked to review the current amounts paid for travel expenses, to “save” witnesses from what they termed “daylight robbery”.

The executive director for the judiciary, Benhardt Kukuri, said budget constraints are to blame for the money troubles.

He said his office is aware of how the limited resource allocations sometimes contribute to negative perceptions, but the judiciary is committed to prioritising the allocation of resources to the most critical needs whenever possible.

He also urged prosecutors to better communicate with the court clerks to avoid witnesses travelling only to be told that the case has been postponed.

“We should hold each other accountable. Prosecutors should approach the court clerks to find out if there is any money before asking their witnesses to come to court. They should have better communication,” Kukuri said.

Exploitation

He added that witnesses also exploit the system and claim more than they should, or stay longer than necessary.

He added that some prosecutors call more witnesses than needed for a case.

For Ondangwa court, N$30 000 was allocated in April and N$100 000 in June. For Outapi N$50 000 was provided in April and N$100 000 in May.

“We have 35 courts in the country, and we need to share resources. These two are some of the busiest in northern Namibia. It is unfortunate when we have to send people back without paying their travel fees. They will not feel motivated to be witnesses and testify in cases. We are working around the clock to sort some of these internal issues,” Kukuri said.

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Namibian Sun 2024-11-24

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