The ongoing joint training of magistrates and prosecutors on the Prevention of Organised Crime Act, facilitated by the office of the prosecutor general, has ruffled the feathers of lawyers.
Lawyers are questioning the motive behind their exclusion from the joint training, stating that it erodes the independence of presiding officers, who are meant to have a fresh mind when dealing with arguments presented by lawyers and prosecutors.
Documents seen by New Era indicate that the training, which commenced on Monday in Windhoek, will also include other towns, such as Oshakati, Rundu and Keetmanshoop.
The documents show the training will cover topics around the overall purpose of POCA, the role of prosecutors and presentation of evidence, how a confiscation should be conducted, an overview of money laundering offences, and different stages of money laundering.
The training will also give clarification on the case of S v Henock, relevant principles of civil law and case studies.
Private lawyer Ileni Gebhardt said the objectivity and independence of the judiciary are being threatened by such actions.
“We are not saying presiding officers should not be trained on POCA or any other relevant law. However, for the same reasons that a presiding officer should not travel together with a prosecutor or defence counsel, it is the same reason that they cannot be trained by either of these parties,” said Gebhardt.
She said the joint training is conditioning magistrates to think in a specific way – eroding his/her independent mind.
“I am now talking about clients that can afford us. What about individuals who cannot afford a lawyer, who now have to present their case before these two parties who are legally educated but acting wrong?” questioned Gebhardt.
According to her, all role players within the legal fraternity have the duty to guard against any conduct that may result in the public losing faith in the integrity and independence of the judiciary.
Lawyer, Gilroy Kasper of Murorua, Kurtz Kasper Incorporated, said prosecutors and magistrates are independent parties who are supposed to operate independently, despite all of them falling under the Ministry of Justice.
He said the actions of the office of the PG to facilitate joint training for magistrates and prosecutors amount to an illegal act.
“This is a serious threat to unfettered, and impartial mind magistrates are asked to bring to bear when he or she embarks on the duty to adjudicate over matters when the said training is presented to them with those who have to prosecute before them. It is an unacceptable interference to shape the minds of magistrates,” said Kasper.
Kasper has since requested an end to the ongoing training.
However, the spokesperson of the Ministry of Justice, Simon Idipo, said the same invitation was extended to lawyers to be a part of the training, although it was done on short notice.
The training was necessitated by shortcomings identified by a review done in 2022 on anti-money laundering and combatting financing terrorism.
“The PG’s office is still available to offer the same training to them (lawyers) if they request,” said Idipo.
– mamakali@nepc.com.na