Staff Reporter
DELAYS, case backlogs and resource constraints are among the challenges hindering the justice system, but these cannot be resolved by any single institution and instead require effective collaboration among all institutions making up the justice sector.
This was highlighted by Chief Justice Peter Shivute during the State of Justice Conference in Windhoek.
Shivute explained that delays in the justice system, coupled with resource and capacity constraints, have far-reaching consequences for both people and the institutions involved. He emphasised that case backlogs, resource shortages and coordination gaps may occur within individual institutions, but addressing them effectively requires cooperation across the justice sector, as the public experiences the system as a whole.
“Delays in investigation may affect prosecution and adjudication. Delays in courts may have consequences for accused persons, victims and correctional facilities. Resource and capacity constraints in one institution may therefore place pressure on others. Challenges of this nature cannot adequately be addressed within institutional silos. The public does not see the institutional boundaries between us. Nor does it ordinarily distinguish where the responsibility of one institution ends and another begins. It sees one justice system. When justice is slow, the system fails to function as it should, the resulting loss of confidence is seldom apportioned, it is shared by all of us. This does not mean that the constitutional boundaries between our institutions should become blurred. Effective collaboration must proceed with full respect for the constitutional and statutory mandate of each institution,” Shivute said.
He said dialogue among the institutions making up the justice sector is therefore important, as it provides an opportunity to identify and address challenges affecting the system. Such engagement, he added, also allows institutions to examine how the justice system can function more effectively and what each institution can do within its own mandate to contribute to that objective.
According to Shivute, the State of Justice Conference is therefore focused on implementation rather than merely identifying gaps and making recommendations.
“I’m particularly encouraged by the emphasis placed on implementation and follow up. Considerable effort is often invested in identifying challenges and formulating recommendations, only for implementation to lose momentum once the immediate engagement has concluded. The intention that this dialogue should produce actionable resolutions with defined responsibilities and timelines is therefore welcome. Equally important is the proposed mechanism for monitoring implementation and reporting progress to your excellency. It signals that this is not intended to be an isolated event but the beginning of a process in which commitments are followed through and progress can be assessed. For its part, the judiciary approaches these discussions in that spirit. We recognise that there are matters within administrative justice which require our own attention, just as there are matters that may be addressed more effectively through appropriate engagement with other institutions,” Shivite said.
Photo: Namibian Presidency.
