Chief Justice urges consistency in court rulings nationwide

Niël Terblanché

Namibia’s Chief Justice, Peter Shivute, during the official opening of the 2024 Annual Magistrates Conference reiterated the importance of a unified magistracy in delivering justice efficiently and fairly across all regions of the country.

The conference that started in Swakopmund on Monday morning will focus on the theme of “Fostering a Unified Magistracy.”

The event that brought together magistrates from across Namibia serves as a platform for exchanging ideas and addressing the many challenges facing the lower courts in the country.

Justice Shivute stressed that for many Namibians, their first encounter with the legal system happens in the lower courts.

“Therefore, these courts play a pivotal role in shaping public perception of the judiciary,” he said.

Justice Shivute stated that uniformity in the administration of justice is essential to maintaining public trust.

“The principles of fairness and equality demand that similar cases be addressed consistently, regardless of where they are heard,” he said.

He added that the uniform delivery of justice is not just a matter of convenience but a crucial aspect of ensuring equality under the law.

“This uniformity must extend beyond judicial officers to encompass all administrative processes within the courts—from clerks to court staff—ensuring that citizens across the nation have a similar experience when engaging with the legal system,” he argued.

Justice Shivute said that one of the major challenges facing the lower courts is the increasing workload.

He pointed out that recent changes, including the rise in the monetary jurisdiction of magistrates’ courts and the forthcoming divorce legislation, are expected to increase the pressure on the judiciary.

He urged magistrates to explore innovative ways to manage this growing burden, ensuring that justice remains timely, accessible, and fair.

During the conference, magistrates are expected to engage in discussions on a wide array of topics, including ethics, service conditions, structural challenges, digitalisation, and strategic planning for the future.

Justice Shivute said that these discussions are critical in ensuring that the magistracy remains unified and that the administration of justice continues to evolve in line with societal needs.

He added that the 2024 Magistrates Conference is an opportunity not only to reflect on past successes but also to devise new strategies to tackle the persistent challenges faced by Namibia’s judiciary.

Justice Shivute encouraged all participants to engage actively in the sessions, reminding them that unity is essential for upholding the rule of law and delivering justice equitably across the nation.

The conference also heard remarks from Natalie Russmann, the Resident Representative of the Konrad-Adenauer-Stiftung (KAS) Namibia-Angola office.

Russman said that KAS is a long-standing supporter of democratic governance and the rule of law in Namibia.

She reaffirmed the organisation’s commitment to empowering the judiciary.

Russmann noted that the rule of law, as enshrined in the Namibian Constitution, demands that no one is above the law, including lawmakers and leaders.

She applauded the recent efforts of the judiciary in establishing a new magistrate’s court in Katima Mulilo and the inauguration of the Environmental Crimes Court in Otjiwarongo, stating that these developments are key steps towards improving access to justice.

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