Protecting those who protect the rule of law

The decision to move closer to a comprehensive security plan for Namibia’s magistrates and prosecutors is a welcome and necessary development. It demonstrates that the country’s justice system is not merely acknowledging the risks faced by those who administer and prosecute the law, but is beginning to respond to them in a structured and institutional manner.

The meeting convened by Chief Justice Peter Shivute with key stakeholders to consider the findings of a security assessment covering more than 400 judicial officers and prosecutors is therefore significant. The anticipated submission of the assessment to Cabinet and the Office of the Prime Minister marks an important transition from concern and consultation towards concrete policy consideration.

This is precisely how a constitutional democracy should respond when those entrusted with upholding the law become vulnerable to intimidation, violence and physical harm.

The death of Ondangwa regional control prosecutor Justine Shiweda remains a painful reminder of what is at stake. Shiweda was only 32 when she succumbed to injuries sustained in a brutal attack in October 2025. Her death shocked the legal fraternity and the wider Namibian public, while raising fundamental questions about whether those who enforce and interpret the law are adequately protected.

But tragedy must not be the only catalyst for reform.

What is encouraging about the latest development is that the response appears to be moving beyond an isolated reaction to one horrific incident. The security assessment reportedly considers both protection at court premises and the personal security of judicial and prosecutorial officers at their residences.

That broader approach is important.

A prosecutor or magistrate does not cease to be an officer of the justice system when leaving the courthouse. If threats follow such officials home, then protecting the integrity of the justice system requires government to consider security beyond the gates of court buildings.

This is particularly important because judicial independence is not simply a legal principle written into the Constitution. It is also a practical condition. Magistrates and prosecutors must be able to make decisions, pursue cases and discharge their responsibilities without worrying that doing their jobs could expose themselves or their families to violence.

Fear can be a powerful form of interference.

A magistrate who is worried about personal safety, or a prosecutor who fears retaliation against family members, may find themselves under pressures that are invisible but nonetheless capable of undermining confidence in the administration of justice.

This is why President Netumbo Nandi-Ndaitwah’s earlier assertion that no officer of the court should be expected to work under fear, intimidation or threat deserves to be translated into practical policy.

The same applies to Justice and Labour Relations Minister Fillemon Wise Immanuel’s call for residential security and urgent action. His intervention following Shiweda’s death placed the issue firmly on the national agenda and correctly framed the protection of judicial and prosecutorial officers as a matter extending beyond individual welfare.

It is a matter of public interest.

The government should therefore be commended for allowing the technical assessment process to proceed and for bringing the findings to the point where Cabinet can consider them.

There is, however, an important balance to maintain.

Security measures must be proportionate, intelligence-led and sustainable. Providing protection to more than 400 officials across Namibia will carry substantial financial and logistical implications. Government will need to determine where permanent protection is necessary, where technology and surveillance can be deployed, and where risk-based security assessments can provide appropriate alternatives.

Not every judicial officer necessarily faces the same level of threat. Security arrangements should consequently be informed by credible intelligence and regular risk assessments rather than a one-size-fits-all model.

At the same time, budgetary considerations must not become an excuse for inaction.

The cost of protecting the justice system must be weighed against the far greater cost of allowing intimidation and violence to become normalised. If prosecutors and magistrates become targets simply because of the cases they handle or the decisions they make, the consequences could reach far beyond the victims themselves.

An intimidated justice system is ultimately an endangered democracy.

Namibia has built a reputation for constitutionalism, peaceful political transitions and respect for the rule of law. Those achievements should not be taken for granted. Institutions remain strong only when the people working within them are able to operate safely and independently.

The current process offers an opportunity to strengthen that institutional resilience.

Cabinet should therefore treat the forthcoming security assessment with the urgency it deserves. If the recommendations are sound, the government should move decisively towards implementation, while ensuring that Parliament and the public are appropriately informed about the broad policy direction and financial implications.

There is also an opportunity here to improve coordination between the judiciary, prosecution authorities, police, intelligence structures and the executive. Protecting officers of the court should not be the responsibility of one ministry or institution alone. It requires a coordinated national security framework.

Most importantly, Shiweda’s death should result in lasting institutional change.

Her legacy should not simply be a reminder of the dangers faced by those who serve justice. It should be part of the reason Namibia develops a stronger, modern and sustainable security framework for its judicial and prosecutorial services.

The latest meeting is therefore more than another administrative step. It signals that Namibia is taking seriously the protection of those who protect the rule of law.

That is good news for the justice system, good news for public confidence and, ultimately, good news for Namibia’s democracy.

The officers who stand between society and impunity deserve to know that the state stands behind them. Protecting them is not a privilege. It is an investment in the justice system itself.

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