Iuze Mukube 

Minister of Justice and Labour Relations, Fillemon Wise Immanuel withdrew his urgent application lodged in the Windhoek High Court resulting from a supposed denial under oath by the magistrates that they are not striking or have engaged in a go-slow during the hearing last Friday. 

The minister’s application sought an order declaring the conduct of over 80% of magistrates across the country, who were on a purported strike, as contravening the code of conduct. 

He further sought an interdict to stop them from continuing a partial stoppage and return to work. Basically, the minister wanted an order that declared the strike or go-slow by the magistrates as illegal since it was affecting the administration of justice, public order and the rule of law. 

The case stemmed from a partial stoppage of work that was allegedly engaged by magistrates which affected the commencement and continuation of civil and criminal trials across the country in magistrate’s and regional courts. 

It was reported the strike or go-slow was to compel the minister to attend to their requests for better working conditions. However, during the hearing last Friday, the magistrates stated that “there is no strike.” 

They counter-argued that there was no evidence by the minister to suggest that between 5 and 11 November, there was a countrywide halting of judicial business on mass execution. 

They denied that there was any real proof of judicial work coming to a standstill and claimed that the disruptions in court proceedings were caused by non-functional recording equipment, not the partial work stoppage. 

They argued that they took a stance not to stretch themselves thin and that they would only carry out their judicial functions during working official hours of 08h00 and 17h00. 

They argued that was nothing illegal in taking this stance.On this basis, the minister stated that since the magistrates denied they are on strike and say they will attend to court businesses and everything that is required of them during prescribed working hours, there is no need for him to seek an interdict or clarity. 

He is expecting the magistrates to fully assume their duties from today. The matter was struck from the roll and judgement was reserved regarding costs. 

–mukubeiuze@gmail.com