Namibian magistrates challenge government over pay and judicial independence

The association argues that certain provisions grant the executive excessive control over magistrates' transfers, discipline, removal, remuneration, and other conditions of service, which they contend violates judicial independence and the separation of powers. The application also aims to overturn two government decisions regarding magistrates' grading and benefits, specifically the linking of housing and transport allowances to public service salary grades. Magistrate Victor Nyazo, president of the association, states that these decisions exceed the powers granted by the Magistrates Act, are procedurally unfair, and were made without proper consultation with the Magistrates Commission of Namibia.

The dispute traces back to October 2023 when former minister of finance Iipumbu Shiimi rejected a proposed salary increase for magistrates for the 2024/25 financial year, citing financial constraints. Although salary increases were declined, revised housing and transport allowances were to be implemented in the 2025/26 financial year, linked to public service salary grades. Nyazo asserts that the grading exercise was conducted without lawful authority as a promised job evaluation was not completed.

The association claims that the Ministry of Justice and Labour Relations published a schedule of allowances different from w