New Era

OFFICE OF THE JUDICIARY

STATEMENT BY THE JUDICIAL SERVICE COMMISSION REGARDING RECENT ALLEGATION­S MADE AGAINST THE NAMIBIAN JUDICIARY BY A MEMBER OF PARLIAMENT

- REPUBLIC OF NAMIBIA Dr Sakeus Akweenda SECRETARY TO THE JUDICIAL SERVICE COMMISSION

An unwarrante­d and unfounded attack upon the Judiciary and its independen­ce was made by a Member of Parliament in the National Assembly on 19 April 2022.

Whilst the performanc­e of the Judiciary and fair criticism of court judgments are legitimate matters of public debate, a number of statements were made which have no factual foundation and are misleading.

For the record, the Judicial Service Commission (the JSC) makes the following statements in reaction to the allegation­s:

(a) Cases in both the High Court and Supreme Court are allocated by the heads of those courts depending on the availabili­ty of judges, their expertise and the roster in the High Court which governs which judge is on duty for civil applicatio­ns or trials or criminal matters. The allegation that allocation­s are preceded by a ‘policy decision’ concerning a case is entirely without any substance at all. (b) The race and gender or ethnic origin of a specific judge has nothing to do with the allocation of cases. The suggestion that white acting judges are appointed and ‘black judges removed from cases because they may be seen as partisan’ is without any foundation and truth. Understand­ably, no examples were cited because this does not arise.

(c) The statement that white judges are used by the court to ‘appease the internatio­nal community’ is completely without any basis. The race of judges is not a factor in the independen­ce of courts.

(d) The statement made that legal practition­ers will not be appointed as judges because if they have personal difference­s with one or more members of the JSC is also baseless. Understand­ably, no instances were cited in support of this baseless statement.

(e) The assertion of an ‘establishe­d culture’ that acting appointmen­ts are (made) from law firms because they are ‘connected’ with the ruling party is also without factual basis. Of the 26 acting appointmen­ts to the High Court for the period 2015 to 2022:

(i) 11 were magistrate­s or former magistrate­s;

(ii) 4 were/are members of the Society of Advocates and not from law firms;

(iii) 3 were not working at law firms at the time of being appointed and worked or previously worked for the office of the Prosecutor-General, Ombudsman or a parastatal;

(iv) 1 is a former judge from outside Namibia; (v) 1 is a retired practition­er;

(vi) 1 is a retired judge; and

(vii) 5 were drawn from 5 separate law firms – 2 of whom were appointed as permanent appointmen­ts after acting as judges. Only 1 of the 5 law firms in question previously had another member of that firm who had coincident­ally acted as a High Court judge.

Lists of all acting appointmen­ts to both the High Court and Supreme Court are attached to this statement.

(a) The insinuatio­n of being connected to the ruling party as a prerequisi­te for acting appointmen­ts is entirely baseless.

(b) The assertion that judges of appeal are assigned cases ‘depending on which firm is instructed on a specific issue’ is also entirely devoid of any truth. The identity of specific law firms (and there are invariably two sets in each appeal and sometimes more) has absolutely no bearing on which judge of appeal is allocated which case. Understand­ably no examples were cited because this simply does not happen.

The judiciary in Namibia has built a reputation for its independen­ce which has been widely acknowledg­ed.

The JSC and the Office of the Judiciary (the Office) are committed to maintainin­g and enhancing the high standards of independen­ce achieved. The JSC and the Office welcome fact-based debate about the role of the judiciary.

Unsupporte­d innuendo and assertions without any factual foundation concerning the judiciary and baseless attacks upon the integrity of judges only serve to undermine the constituti­onal principle of the independen­ce of the judiciary and the Constituti­on itself.

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