Magistrates take Govt to court over pay, perks
The Magistrates’ and Judges’ Association of Namibia has asked the High Court to declare parts of the Magistrates Act unconstitutional, citing executive interference in pay, perks and transfers. In a founding affidavit, the association’s president, magistrate Victor Nyazo, argues that the provisions give the executive an overriding, controlling or veto-bearing role over the transfer, discipline, […] The post Magistrates take Govt to court over pay, perks appeared first on The Namibian .
The Magistrates’ and Judges’ Association of Namibia has asked the High Court to declare parts of the Magistrates Act unconstitutional, citing executive interference in pay, perks and transfers.
In a founding affidavit, the association’s president, magistrate Victor Nyazo, argues that the provisions give the executive an overriding, controlling or veto-bearing role over the transfer, discipline, removal, remuneration and other conditions of service of magistrates, contrary to the Constitution.
The application also seeks to overturn two government decisions relating to the grading and benefits of magistrates, including the decision linking magistrates’ housing and transport allowances to public service salary grades.
Nyazo says the decisions exceed the powers granted under the Magistrates Act are procedurally unfair and irrational, and have been taken without proper consultation with the Magistrates Commission of Namibia.
According to Nyazo, the contested provisions allow ministers to exercise decisive influence over appointments, promotions, grading, remuneration, dismissals, retirement and other employment-related matters affecting magistrates.
The provisions violate those articles of the Constitution which safeguard judicial independence, the separation of powers and the right to fair administrative action.
