Lawyers ‘afraid to report judicial injustices’
Clean disciplinary record for judges
There is unease amongst some lawyers who feel certain judges are loyal to the ruling Swapo Party, especially when it comes to cases involving the party.
There is a general unease amongst legal practitioners in the country when reporting judges’ misconduct to the Judicial Service Commission (JSC), with many fearing retribution and victimisation.
With several recent studies revealing that the public’s trust in the judicial system is dwindling, analysts said there is a need for stakeholders to convene and arrest the situation.
These include a 2021 Afrobarometer report titled ‘Trust in the Judiciary and Perceived Strength of the Rule of Law’ as well as the World Justice Project’s Rule of Law Index, where Namibia dropped from position 34 in 2019 to 46 in 2022 - out of 140 countries.
The trust in the judiciary report also found that lawyers would rather suffer in silence than approach the JSC in search of recourse.
Legal practitioners have further bemoaned the fact that the commission does not accept anonymous complaints, saying this places them further between a rock and a hard place.
The Office of the Judiciary earlier this year confirmed that anonymous complaints are not entertained when it said “the JSC may dismiss a complaint without any investigation if it is made anonymously”.
One of the lawyers said: “I find it rather weird that the JSC will not probe an anonymous claim. What if a lawyer wants to anonymously lay a claim that a judge is receiving bribes and they have enough supporting evidence?”
Harrowing tales
Namibian Sun has in recent months spoken to at least 22 lawyers currently practicing in Namibia who shared their harrowing tales of judges acting with impunity in the country’s courtrooms. None of them were brave enough to speak on the record.
From judges allegedly using disparaging language towards them and accepting bribes to favouring certain legal practitioners, lawyers are left with many frustrations they are afraid to make public.
The pressure, however, seems to fall more on lawyers who are still new to the industry, with many saying reporting judges could place them in an awkward predicament during their practice.
Having been part of the team that compiled the Afrobarometer study, which contains damning findings about how legal practitioners perceive the country’s legal system, lawyer Eben de Klerk said the industry cannot continue on its current path.
While there has been an improvement as far as separation of powers between the judiciary, legislature and the executive is concerned, the report found that there is unease amongst some legal counsel, who feel certain judges are loyal to government and the ruling Swapo Party, especially when it comes to cases involving the two.
“Role players must probe the root cause of this perception because there are different research projects with the same outcome. This should be reason for concern,” he said on the Evening Review show last week.
Poor governance
According to him, poor governance in government is negatively impacting the judiciary.
“Governance mistrust is clearly overflowing to the judiciary because some judgments are contrary to the principles of our legal system,” he said.
Some lawyers, the report added, believe there is corruption within the judiciary, with some judges accepting bribes.
The study found that some lawyers feel judges are not appointed on merit, but by reasons only known to the appointing authority.
“The issue of personal persuasion of judges was also red-flagged, with the report stating that: ‘Lawyers are concerned that judges may be persuaded to set judgments based on personal beliefs'. There is a general feeling that the outcome of a case depends on which judge you get," De Klerk said, adding that in some cases, lawyers refuse to speak out because they fear retribution.
Nothing untoward
But despite the lawyers’ cries, no case of misconduct has been reported against any judge for the last five years. The country currently has 43 judges serving in the High Court and Supreme Court.
According to an April 2021 response from the chambers of the Chief Justice in response to questions from Namibian Sun: “Most of the complaints lodged with the JSC concern dissatisfaction with judicial decisions made by (a) judge(s). Such complaints do not establish a prima facie case of gross misconduct. The right way to deal with such complaints is through an appeal or review process that can be lodged with the Supreme Court”.
Judiciary bosses further shielded judges, saying “the Namibian judiciary ascribes to high standards of performance and judges are doing their best and work very hard to serve the public”.
“Unfortunately, the nature of judging in an inquisitorial system such as ours is such that there is always a winner and a loser to the outcome of every case before a court of law. That is the reality of judging,” the response read.
With several recent studies revealing that the public’s trust in the judicial system is dwindling, analysts said there is a need for stakeholders to convene and arrest the situation.
These include a 2021 Afrobarometer report titled ‘Trust in the Judiciary and Perceived Strength of the Rule of Law’ as well as the World Justice Project’s Rule of Law Index, where Namibia dropped from position 34 in 2019 to 46 in 2022 - out of 140 countries.
The trust in the judiciary report also found that lawyers would rather suffer in silence than approach the JSC in search of recourse.
Legal practitioners have further bemoaned the fact that the commission does not accept anonymous complaints, saying this places them further between a rock and a hard place.
The Office of the Judiciary earlier this year confirmed that anonymous complaints are not entertained when it said “the JSC may dismiss a complaint without any investigation if it is made anonymously”.
One of the lawyers said: “I find it rather weird that the JSC will not probe an anonymous claim. What if a lawyer wants to anonymously lay a claim that a judge is receiving bribes and they have enough supporting evidence?”
Harrowing tales
Namibian Sun has in recent months spoken to at least 22 lawyers currently practicing in Namibia who shared their harrowing tales of judges acting with impunity in the country’s courtrooms. None of them were brave enough to speak on the record.
From judges allegedly using disparaging language towards them and accepting bribes to favouring certain legal practitioners, lawyers are left with many frustrations they are afraid to make public.
The pressure, however, seems to fall more on lawyers who are still new to the industry, with many saying reporting judges could place them in an awkward predicament during their practice.
Having been part of the team that compiled the Afrobarometer study, which contains damning findings about how legal practitioners perceive the country’s legal system, lawyer Eben de Klerk said the industry cannot continue on its current path.
While there has been an improvement as far as separation of powers between the judiciary, legislature and the executive is concerned, the report found that there is unease amongst some legal counsel, who feel certain judges are loyal to government and the ruling Swapo Party, especially when it comes to cases involving the two.
“Role players must probe the root cause of this perception because there are different research projects with the same outcome. This should be reason for concern,” he said on the Evening Review show last week.
Poor governance
According to him, poor governance in government is negatively impacting the judiciary.
“Governance mistrust is clearly overflowing to the judiciary because some judgments are contrary to the principles of our legal system,” he said.
Some lawyers, the report added, believe there is corruption within the judiciary, with some judges accepting bribes.
The study found that some lawyers feel judges are not appointed on merit, but by reasons only known to the appointing authority.
“The issue of personal persuasion of judges was also red-flagged, with the report stating that: ‘Lawyers are concerned that judges may be persuaded to set judgments based on personal beliefs'. There is a general feeling that the outcome of a case depends on which judge you get," De Klerk said, adding that in some cases, lawyers refuse to speak out because they fear retribution.
Nothing untoward
But despite the lawyers’ cries, no case of misconduct has been reported against any judge for the last five years. The country currently has 43 judges serving in the High Court and Supreme Court.
According to an April 2021 response from the chambers of the Chief Justice in response to questions from Namibian Sun: “Most of the complaints lodged with the JSC concern dissatisfaction with judicial decisions made by (a) judge(s). Such complaints do not establish a prima facie case of gross misconduct. The right way to deal with such complaints is through an appeal or review process that can be lodged with the Supreme Court”.
Judiciary bosses further shielded judges, saying “the Namibian judiciary ascribes to high standards of performance and judges are doing their best and work very hard to serve the public”.
“Unfortunately, the nature of judging in an inquisitorial system such as ours is such that there is always a winner and a loser to the outcome of every case before a court of law. That is the reality of judging,” the response read.
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