By Roland Routh
GROSS BARMEN – The Minister of Justice Utoni Nujoma says the backlog in Namibian courts is a concern that should be addressed sooner rather than later.
Nujoma told a workshop at Gross Barmen Resort outside Okahandja where the issue of courtroom backlogs top the agenda, that the issue has come under serious discussion by senior officials involved in the administration of justice.
“I am happy that the Magistrates Commission took this bold step to invite all stakeholders to discuss this burning issue of backlog of criminal cases,” Nujoma told delegates.
Nujoma revealed that in December 2014, outstanding criminal cases in district courts stood at 20 675 while 1 397 were outstanding in regional courts.
By the end of December 2014, Nujoma said, only 4 765 cases were finalised in the district courts from a total of 225 440 cases, while the Regional Court finalised 92 cases from a total of 1 489.
“The pace at which criminal cases are handled leaves much to be desired and an improvement in the finalisation of cases is needed if we are to regain public confidence in the justice system,” urged the minister of justice.
Nujoma added: “We need to devise methods and take initiatives to ensure that our courts meet the expectations of the public and the fulfilment of our noble Constitution which states in Article 112 (1) (6): A trial referred to in Sub Article 1(a) hereof shall take place within a reasonable time, failing which the accused shall be released.”
He said courts are seen as citadels of justice where justice is dispensed to the public and where justice is dispensed in the interest of the public.
“The backlogs are bringing the justice system to its knees; it is the major manifestation of delay and the costs which accompany that delay in the system,” Nujoma stressed.
He said the backlogs must be attacked on all fronts and eliminated if other measures taken to address the more effective processing of civil cases, such as case flow management, are to be successful.
He emphasised that unreasonable delays are the enemy of justice and peace in the community because justice delayed is justice denied.
“The inordinate delays, the increased costs, the almost certain frustration and cynicism, and the emotional strain for participants and litigants which accompany such backlogs are undeniable,” he said and continued: “They must be addressed and eliminated as part of the overall plan for restructuring the criminal justice system.”
Nujoma said coping with backlogs has been a growing occupation for magistrates, lawyers and court administrators in recent years and it raises vexing difficulties, not least because it invariably means diversion of efforts from current directions.
However, he pleaded with the public to understand that no criminal system can produce instant trials and said there must be some reasonable period of time between when a case is truly ready for trial and the time of the trial.