Staff Reporter
THE Magistrates and Judges Association of Namibia has said that the Minister of Justice and Labour Relations overstepped his powers and acted in an overriding manner when he implemented a decision in relation to the salaries and employment conditions of magistrates.
In a founding affidavit, Victor Nyazo, the president of the association, challenged the constitutionality of provisions of the Act which confer decisive powers on members of the Executive over matters constitutionally entrusted to the Magistrates Commission.
He further challenged the lawfulness of the Minister of Finance’s decision communicated on 2 October 2023 and a Government Notice No. 334 published on 18 December 2025.
“The Applicant seeks an order declaring the impugned provisions invalid to the extent that they give the Executive an overriding, controlling or veto-bearing role in relation to the transfer, discipline, removal, remuneration and other conditions of service of magistrates, contrary to Articles 1, 12, 18, 78 and 83(3) of the Constitution,” Nyazo said.
He added that on 17 December 2025, the Finance Minister decided to issue Government Notice No. 334, which was published in Government Gazette No. 8810 on 18 December 2025. The Notice applied Public Service “read-across” grades to magistrate positions and increased housing and vehicle allowances on that basis.
“The published grading differed from the schedule agreed on 7 November 2025. It placed the Chief Magistrate at Grade 2, the Deputy Chief Magistrate, Divisional Magistrates and Regional Court Magistrates at Grade 3, the Principal Magistrate at Grade 5, and Senior Magistrates and Magistrates at Grades 6 and 7 respectively. On 21 January 2026, representatives of the Magistrates Association, which included myself, and the Commission met the Justice Minister and sought the withdrawal of Government Notice No. 334. The Commission stated that it had not agreed to the published schedule and that a proper job evaluation and grading exercise was required. The Justice Minister did not withdraw the Notice,” Nyazo said.
He added that Article 83(3) of the Constitution provides that a Magistrates Commission, responsible for the transfer, discipline, removal, remuneration and other conditions of service of magistrates, subject to the Constitution, shall be established by Act of Parliament, which Act shall further describe its powers, functions and duties.
“The Constitution, therefore, identifies the Commission, not a Cabinet Minister, as the institution responsible for the listed matters. Parliament may describe how the Commission performs those responsibilities but may not transfer the substance of the responsibility to the Executive. The impugned provisions are ultra vires Article 83(3) of the Constitution.
“The impugned provisions are invalid to the extent that they make the Commission merely recommendatory while leaving the real or final power with the First or Third Respondent in matters for which Article 83(3) makes the Commission responsible,” Nyazo argued.
COURT BATTLE: File photo for illustrative purposes only. Photo: Magistrates and Judges Association of Namibia
