Justice delayed

President Hage Geingob says he is aware of the frustrations being experienced by the public with regard to several aspects of the criminal justice system, such as the long delays in finalising cases in the lower courts. Geingob, who opened the 2019 legal year yesterday, said these issues need to be addressed. He said the public's frustration can be attributed to the long delays between arrest, the appointment of legal aid counsel and the finalisation of criminal cases. “Justice delayed is justice denied,” he said.Geingob therefore urged all institutions involved in the criminal justice system to cooperate and coordinate their activities with the aim of ensuring that people are better served by the system.He said the service delivery of the judiciary could be improved by eliminating the backlog of court cases.“I understand that there is an issue of underfunding which causes these delays in resolving criminal dockets. I am aware that often times, judicial officers and prosecutors are faced with the choice of warehousing untried accused persons in custody or releasing them to the public, therefore, this is one of the main issues that need to be tackled. This is an area which requires greater accountability.”Geingob said the lives of Namibia's most vulnerable citizens cannot be safeguarded when criminals are released because of a backlog of cases. He further stressed that the separation of powers between the three organs of state, and the independence of the judiciary, are sacrosanct.“Most of us here know the importance of an independent judiciary. We would want the public to be confident in the judicial system and this starts by having a judiciary that is free from improper influence from the other branches of government, or from private or partisan interests.”According to him Namibia has made the monumental move to establish an independent body of the judiciary which separates it from the ministry of justice. This is in line with Article 78 (5) of the Namibian Constitution. Geingob said these two institutions remain jointly responsible for upholding the rule of law, but the Office of the Judiciary is administratively and financially independent.He said the true measure of the independence of the judiciary and its ability to uphold the rule of law is the manner in which the judiciary interacts with the legislature and the executive.According to him such interaction is governed by the principle of the separation of powers, which is firmly entrenched in the constitution and recognised by the courts.“We have chosen constitutional democratic rule over autocracy. We have chosen the rule of law over arbitrary use of governmental power. “We have chosen respect for human rights over brutality and denial of freedoms and civil liberties. We have made these choices because we are aware that in this 21st century, security, peace and harmony, as well as the establishment of robust and incorruptible processes, systems and institutions, are keys to sustained economic growth and improvement of the social wellbeing of our people.”Geingob also said as the year of accountability commences, deep introspection is required on whether there has been sufficient transformation in the justice sector to reflect the changing dynamics of a nation that has emerged from a divisive past. He said reflection is also needed on whether enough is being done to ensure access to law and access to justice for all.“Is justice being applied fairly, justly and swiftly?” he asked. Geingob added that all unjust laws of past regimes must be replaced with just laws.“Our people cannot continue to be subjected to archaic and discriminatory laws anymore.”He said it is also imperative that laws are introduced to help combat the social ills that are hampering socio-economic progress in Namibia. “As I recognise the efforts and commitments made with the view to improving the wellbeing of our citizens, I note with concern the prevalence of incidents of gender-based violence within our communities.”According to Geingob it is a source of great concern that innocent lives are being lost, especially those of women and children, as a result of gender-based violence, perpetrated mostly by men.“I am, however, pleased by the various initiatives introduced by the stakeholders in the criminal justice system as part of the process of intensifying the ongoing campaign to combat gender-based violence in our country.”He urged all stakeholders to continue working tirelessly to find solutions to these “heinous crimes”.Geingob also reaffirmed the government's commitment to the promotion of an efficient and effective administration of justice. ELLANIE SMIT

Justice delayed

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Namibian Sun 2025-01-31

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Justice delayed

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Namibian Sun 2025-01-31

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