Regional courts get ready to handle divorces

Chief justice applauds hard work of magistrates
Namibia's chief justice Peter Shivute has highlighted the important role magistrates play in shaping the public's perception of justice in the country.
Precious Nghituanapo
Namibia's chief justice Peter Shivute says the impending introduction of the amended divorce law will allow regional courts to preside over divorce proceedings.

“The relevant law was recently amended to give the powers to the magistrates at the regional court level also to preside over cases of divorce. Otherwise, at the moment, these cases are only heard in the High Court," Shivute said Monday at the opening of the 2024 Magistrates Conference in Swakopmund.

Up until now, divorce cases are exclusively administered by the High Court, resulting in prolonged waiting periods and increased legal costs for individuals seeking to dissolve their marriages.

The amendment is expected to alleviate the backlog in the high courts and streamline divorces for many citizens, while also lowering the costs associated with divorces.

"This change will not only reduce the strain on our higher courts but will also empower local magistrates to serve their communities more effectively," Shivute said.

Justice minister Yvonne Dausab tabled the proposed divorce bill in parliament in June.

Uniform justice

On Monday, Shivute called upon policymakers and those in power to ensure that adequate resources are allocated to the judiciary to enable it to develop the necessary capacity to implement new legislation.

The conference, themed 'Fostering a Unified Magistracy,' addressed the pivotal role of lower courts in the judicial system. Shivute stressed that the efficiency, professionalism and fairness displayed in courts significantly shape the public’s perception of justice.

“For the majority of our citizenry, their first encounter with the legal system is through the lower courts.”

Amidst rising challenges, including increased workloads, the chief justice urged magistrates to collaborate on effective strategies to manage their demands while ensuring justice remains “timely, accessible and fair.”

“The justice delivered in one court must mirror the justice delivered in another. This is not just a matter of convenience, it is a matter of justice itself,” he said. A unified magistracy is essential for building and maintaining public confidence in the judicial system, he stressed.

Moreover, Shivute expressed appreciation for the hard work and dedication of magistrates, acknowledging the challenges they face: “Some of you travel to the farthest reaches of our country to serve communities that might otherwise have limited access to the legal system.”

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Namibian Sun 2024-10-06

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