Magistrates overworked, understaffed amid acute shortage
Namibia faces a critical shortage of magistrates, with some forced to commute between towns while also presiding over a wide range of cases, including traffic, maintenance, criminal and civil matters.
According to frustrated magistrates, the crisis is most severe in remote regions, while Windhoek is a more "favourable allocation" for judicial officers, raising concerns about the equitable delivery of justice.
Many Windhoek magistrates are assigned to a single court, officials say.
"But in the regions, we do everything – from civil, maintenance, traffic, domestic, marriages and children's court. Everything. We don't even have time to do bail applications... and these are supposed to be urgent," a magistrate, who spoke on condition of anonymity, said.
The workload burden on magistrates has reached critical levels, with many handling excessive caseloads.
Namibian Sun understands that in Ohangwena, an entry-level magistrate is running two courts. This is the same in Outapi, whose entry-level appointee also presides in Ruacana.
"Okahao has no magistrate. They are using a relief magistrate there," another official said.
Ondangwa, with three courts, has one full-time magistrate, assisted by a relief magistrate. Tsumeb has one magistrate for two courts.
"It's madness," an official lamented.
Overwhelmed officers of the court
Deputy director of public relations at the Office of the Judiciary, Vikitoria Hango, confirmed that the shortage is not limited to the Oshakati division but affects all six magisterial divisions, including Rundu, Otjiwarongo, Windhoek Central, Windhoek Rural and Keetmanshoop.
"The approved structure of the magistracy has remained largely unchanged since 1994, allowing for only 104 magistrates to serve the entire country," Hango explained.
"Plans are in place to appoint temporary magistrates to ease the burden, but financial constraints remain a challenge."
Hango told Namibian Sun that the delay in appointing new magistrates, despite interviews conducted in October last year, has further exacerbated the crisis.
She explained that the recruitment process involves shortlisting, written tests, oral interviews, psychometric testing and final approval by the justice minister upon the recommendation of the Magistrates Commission.
The prolonged nature of this process has left courts in the northern regions struggling to cope with overwhelming caseloads, according to a source.
Concerns have also been raised about the disproportionate allocation of magistrates, with Windhoek receiving multiple magistrates per court while northern regions reportedly face severe shortages.
"The Magistrates Commission cannot recommend additional appointments unless the structure is officially expanded and backed by financial resources," Hango noted.
"This is a nationwide issue, not just limited to the northern regions," she emphasised. "The only real solution is to increase manpower."
Justice delayed
The shortage has had a direct impact on urgent legal matters such as bail applications, which courts are encouraged to prioritise. However, delays persist due to the lack of judicial officers available to process these cases swiftly.
In addition, the growing population and caseload in northern Namibia have highlighted the region’s apparent neglect of magistrate appointments and resources.
"Like many institutions in Namibia, the magistracy faces serious financial challenges. Adequate funding is required to ensure lower courts can function efficiently," Hango underlined.
One particularly pressing issue is the lack of a court in Omuthiya, despite its expanding population.
"Omuthiya has been declared a seat of court and plans are underway for the construction of a court building," she confirmed. "However, such developments require the concurrent appointment of magistrates and administrative staff."
Rare relief
Additionally, the limited number of relief magistrates has also been a pressing issue, with only six available to support overburdened judicial officers across the country.
Currently, three relief magistrates are stationed in Oshakati, while the remaining three must serve the rest of the country. A replacement magistrate is expected to assume duty in Oshakati by 1 March.
"The majority of relief magistrates have been allocated to the Oshakati division to provide support where the workload is heaviest," Hango confirmed.
According to frustrated magistrates, the crisis is most severe in remote regions, while Windhoek is a more "favourable allocation" for judicial officers, raising concerns about the equitable delivery of justice.
Many Windhoek magistrates are assigned to a single court, officials say.
"But in the regions, we do everything – from civil, maintenance, traffic, domestic, marriages and children's court. Everything. We don't even have time to do bail applications... and these are supposed to be urgent," a magistrate, who spoke on condition of anonymity, said.
The workload burden on magistrates has reached critical levels, with many handling excessive caseloads.
Namibian Sun understands that in Ohangwena, an entry-level magistrate is running two courts. This is the same in Outapi, whose entry-level appointee also presides in Ruacana.
"Okahao has no magistrate. They are using a relief magistrate there," another official said.
Ondangwa, with three courts, has one full-time magistrate, assisted by a relief magistrate. Tsumeb has one magistrate for two courts.
"It's madness," an official lamented.
Overwhelmed officers of the court
Deputy director of public relations at the Office of the Judiciary, Vikitoria Hango, confirmed that the shortage is not limited to the Oshakati division but affects all six magisterial divisions, including Rundu, Otjiwarongo, Windhoek Central, Windhoek Rural and Keetmanshoop.
"The approved structure of the magistracy has remained largely unchanged since 1994, allowing for only 104 magistrates to serve the entire country," Hango explained.
"Plans are in place to appoint temporary magistrates to ease the burden, but financial constraints remain a challenge."
Hango told Namibian Sun that the delay in appointing new magistrates, despite interviews conducted in October last year, has further exacerbated the crisis.
She explained that the recruitment process involves shortlisting, written tests, oral interviews, psychometric testing and final approval by the justice minister upon the recommendation of the Magistrates Commission.
The prolonged nature of this process has left courts in the northern regions struggling to cope with overwhelming caseloads, according to a source.
Concerns have also been raised about the disproportionate allocation of magistrates, with Windhoek receiving multiple magistrates per court while northern regions reportedly face severe shortages.
"The Magistrates Commission cannot recommend additional appointments unless the structure is officially expanded and backed by financial resources," Hango noted.
"This is a nationwide issue, not just limited to the northern regions," she emphasised. "The only real solution is to increase manpower."
Justice delayed
The shortage has had a direct impact on urgent legal matters such as bail applications, which courts are encouraged to prioritise. However, delays persist due to the lack of judicial officers available to process these cases swiftly.
In addition, the growing population and caseload in northern Namibia have highlighted the region’s apparent neglect of magistrate appointments and resources.
"Like many institutions in Namibia, the magistracy faces serious financial challenges. Adequate funding is required to ensure lower courts can function efficiently," Hango underlined.
One particularly pressing issue is the lack of a court in Omuthiya, despite its expanding population.
"Omuthiya has been declared a seat of court and plans are underway for the construction of a court building," she confirmed. "However, such developments require the concurrent appointment of magistrates and administrative staff."
Rare relief
Additionally, the limited number of relief magistrates has also been a pressing issue, with only six available to support overburdened judicial officers across the country.
Currently, three relief magistrates are stationed in Oshakati, while the remaining three must serve the rest of the country. A replacement magistrate is expected to assume duty in Oshakati by 1 March.
"The majority of relief magistrates have been allocated to the Oshakati division to provide support where the workload is heaviest," Hango confirmed.
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