Community courts earn praise despite limited financial support
A parliamentary report on Namibian community and magistrate courts shows that in the Kunene, Ohangwena, Omusati, Oshana, Zambezi and Otjozondjupa regions, 32 out of 42 operational community courts, with an annual budget allocation of N$120,000, prioritise fast-tracking cases and compensate community members for losses, unlike magistrate courts.
"In some areas, it is the preferred dispute resolution mechanism because there is some form of compensation for the complainant," the report states.
Compensation to the complainant can be provided in various forms, not limited to monetary payment. For example, if a defendant is fined N$3 000, they can fulfil the payment by offering goods or assets, such as goats, valued at N$3 000.
Too little
Despite their efficiency, most courts argue that the N$120 000 budget allocation is insufficient to fulfil their functions. "N$120 000 per annum simply is not enough to cover office equipment, water and electricity payments, as well as allowances and salaries."
In Anker in the Otjozondjupa Region, limited space has led to a boardroom being converted into a courtroom. Additionally, other courtrooms lack benches, using traditional mats for seating defendants and plaintiffs. They also lack sound recording systems, which are crucial as some people deny their testimony in court.
Furthermore, payments for justices and assessors could take up to five months to be processed. In the report, justices and assessors said they only receive allowances of N$20 per session and an additional N$4 per kilometre.
They said they require a "revised fixed travel allowance to be paid on a monthly basis that is commensurate with today’s economic realities."
Proposed changes
The report on the Community Courts Act 10 of 2003 emphasises community-suggested amendments, including the proposal to hear minor cases at the village level instead of in community courts. This preserves the role of the headman and enables low-income groups to access justice at the village level.
Members also proposed having an assistant for the community court clerk to cover during sick leave.
Overall, the community courts are said to achieve their mandate because the communities they serve are satisfied with their operations.
Furthermore, community courts have created employment opportunities for community members through the establishment of roles such as court clerks, court messengers and court assessors.
"In some areas, it is the preferred dispute resolution mechanism because there is some form of compensation for the complainant," the report states.
Compensation to the complainant can be provided in various forms, not limited to monetary payment. For example, if a defendant is fined N$3 000, they can fulfil the payment by offering goods or assets, such as goats, valued at N$3 000.
Too little
Despite their efficiency, most courts argue that the N$120 000 budget allocation is insufficient to fulfil their functions. "N$120 000 per annum simply is not enough to cover office equipment, water and electricity payments, as well as allowances and salaries."
In Anker in the Otjozondjupa Region, limited space has led to a boardroom being converted into a courtroom. Additionally, other courtrooms lack benches, using traditional mats for seating defendants and plaintiffs. They also lack sound recording systems, which are crucial as some people deny their testimony in court.
Furthermore, payments for justices and assessors could take up to five months to be processed. In the report, justices and assessors said they only receive allowances of N$20 per session and an additional N$4 per kilometre.
They said they require a "revised fixed travel allowance to be paid on a monthly basis that is commensurate with today’s economic realities."
Proposed changes
The report on the Community Courts Act 10 of 2003 emphasises community-suggested amendments, including the proposal to hear minor cases at the village level instead of in community courts. This preserves the role of the headman and enables low-income groups to access justice at the village level.
Members also proposed having an assistant for the community court clerk to cover during sick leave.
Overall, the community courts are said to achieve their mandate because the communities they serve are satisfied with their operations.
Furthermore, community courts have created employment opportunities for community members through the establishment of roles such as court clerks, court messengers and court assessors.
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