Judiciary demands independence

Iuze Mukube

The Magistrates’ and Judges’ Association of Namibia contends that the Constitution requires the Judiciary, including magistrates, to operate independently of the Executive.

This principle, the association states in a review application filed in the High Court, is undermined by the government’s role in determining and administering magistrates’ employment benefits and other terms of services.

In court documents, Victor Mehluli Nyazo, the president of the association, states that the application concerns the lawfulness of some sections of the Magistrates Act 3 of 2003.

He said the provision “confers decisive powers on members of the executive over matters constitutionally entrusted to the Magistrates Commission”.

Nyazo further argues that the provisions are contrary to constitutional principles, citing articles 1, 12, 18, 78 and 83(3) of the Constitution.