Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939608716.pdf (Namibia)
REPUBLIC OF NAMIBIA MINISTRY OF JUSTICE OFFICE OF THE JUDICIARYl VOTE 21 BUDGET MOTIVATION FINANCIAL YEAR 2018/2019 [To be checked against delivery] I Address delivered by the Minister of Justice, Mr. Sakeus E.T.

Shanghala, MP on behalf of the Office of the Judiciary on 19 April 2018, National Assembly, Tintenpalast (parliament Building), Windhoek, Namibia.

Chairperson of the Whole House Committee, 4.

I pay tribute to all of you whilst you are Honorable Members of the Whole House still alive.
You have each steered the Committee, justice agenda during your tenure in immeasurable ways, that if I recite your 1.

I take the floor to motivate Vote 21- work now, I will veer off the purpose for Office of the Judiciary.

In doing so, I am which I have taken the floor.

Yet it would humbled by the confidence and trust have been amiss, if I did not honor you in bestowed upon me by the President, Dr. your life.

(I do not want to be asking for Hage Geingob, who has seen it fit to signs.)
Soon I will organize an event to appoint me as Minister of Justice for our chronicle the magnificent work done by motherland.

As per my oath of Office, I the justice sector 10 consolidating will strive to exercise my functions to the democracy in Namibia where we can pay best of my abilities and in accordance with proper tribute to all of you, and reflect on the laws of the Republic, without favor.

fear or the journey traversed.

5.

Having said that, I must now turn your 2.


To my predecessor, who also happens to attention to section 13 of the Judiciary be my successor, and I am the same to Act, 2015 (Act.

No.

11 of 2015), which him, AK47, Dr. Albert Jakkobo Kawana, states that the Minister responsible for the Attorney-General, thank you for your Justice represents the Office of the time at the Ministry of Justice.

History will Judiciary in both Cabinet and the record you as the first Permanent National Assembly.
Secretary of the Ministry of Justice, as well as the longest serving.

Your work has 6.

It is based on this provision that I have been visible in shaping the administration the legal basis, and pleasure, to present the of the justice system of our country.

budget of the Office of the Judiciary on Whether at the Ministry or at the Office behalf of the Honorable Chief Justice, the of the Attorney-General, your work will Head of the Judiciary.
be memorialized by the ongoing reforms which are building on your efforts.

Thank you once again for your service.

3.

The same appreciation must be extended to Dr. Ernest Ngarikutuke Tjiriange, as well as Mrs. Pendukeni Iivula-Ithana, one of my adopted mothers, a veteran of this House from its inception, as well as my predecessor both at the Law Reform and Development Commission and the Ministry of Justice, Honorable Daniel Utoni Kollie Nujoma.

7.
7.

Although, of especially members superior represents the Honorable Members of this August House, members of the media and the public the Minister of Justice with the associate the Office of the Judiciary, encompassing the lower, courts, and high the Office Minister of Justice and the of the Judiciary only in Cabinet by the National Assembly.
As indicated the separation between the Ministry 16) and the Office 21), Judiciary is wholly independent from the Ministry of Justice in terms of financing and material operations.

in Vote numbers (Vote the Judiciary of Justice (Vote of 8.

I would like to reiterate this point by taking a moment to explain the concept 12.

Additionally, an effective judicial system of the "Independence of the Judiciary".

requires, at a mirumum, transparent Independence of the Judiciary 9.
The Republic of Namibia, like many other countries, has followed the trend of performance budgeting.

This is where the Minister signs a performance agreement with specific outcomes to which he or she commits and is given a budget, within the available resources, to meet those targets.?

For the Office of the Judiciary the question of who should set the objectives for judicial sector performance-the Executive, the Judiciary, or both-goes to the heart of Judicial Independence.

10.
10.

Therefore, in order to maintain Judicial Independence, the measure of a successful Judiciary lies in how well the Judiciary provides access to Justice.

This is not a task the Judiciary can achieve alone.

11.
11.

I am compelled to quote Article 78(3) of the Namibian Constitution, which states: "No member of the Cabinet or the Legislature or any other person shall interfere with judges of judicial officers in the exercise of their judicial functions, and all organs of the State shall accord such assistance as the protect require Courts may their independence, effectiveness, dignity and subject to the terms of this Constitution or any other law."

to legislation, fair laws, and predictable enforcement.
It also requires a Government that lS legitimate, accountable and committed to maintaining order by lawful means.

Poverty cannot be fought without effective and equitable systems of justice.

Legislation 13.

The Office of the Judiciary has therefore been-working closely with the Ministry of Justice to ensure that the Small Claims Court Bill; and Divorce Bill can be passed as soon as possible.
Other legislation essential to Namibia and sadly seen too often in the courts relates to Gender Based Violence and Rape.

Laws combatting such despicable actions will also be considered this year.

Access to Justice 14.

Legislation alone does not make a successful Judiciary, but its fair, speedy enforcement does contribute to access to justice.

Fairness 15.
Fairness 15.

It not is impossible to accurately determine fairness based on statistics, but one could argue that if the parties feel that the matter they will was fairly adjudicated, appeal.

In terms of Civil judgments there were 3 appeals registered in 2015, 2 in in civil matters, 2016.

Low appeal indicate the fairness and soundness of the judgments.

rates, 2 Webber D, Good Budgeting, Better Justice: Modern Budget Practices for the Judicial Sector Law and Development Working Paper Series 3 76.

3 16.
3 16.

In criminal matters heard in the Judiciary has implemented three Magistrate's Court a review matter arises programs, namely, Compulsory when an unrepresented accused is mediation; E-justice; and the Aspirant convicted and sentenced by the Judges Training Program.

19.

To ensure a speedy trial the Office of the magistrate.

In such a case the Magistrate IS obliged to refer the record of 20.
These reforms have been implemented proceedings to a High Court Judge for the since 2016 and have provided a marked latter to review whether the proceedings improvement in the speed at which the m the Magistrate's Court was rn wheels of justice turn.

We boast a 96% accordance with justice.

delivery rate of judgments in the same 17.

The finalization rate of such reviews increased from 95% in 2015 to 98% in year as the case was heard.

Attack on Judges 2017, which represents a 3% increase in 21.
In recent weeks there has been an agreement with the conviction and sentence between the Magistrate and the reviewing Judge.

This number IS a representation of fairness.

Speed 18.

Another essential component of access to justice lies in the speed.
I would like to reiterate the age-old mantra of Sir Edward Coke in Part 2 of his Institutes if the Laws if England (written CIrca 1620s).3 He commented: "And therefore, every Subject of this Realm, for injury done to him in goods, in lands, or in person, by any other Subject may take his remedy by the course of the Law, and have justice, and right for the injury done to him, freely without sale, fully without any denial, and speedily without delay."

3 R v Lord Chancellor [2017] UKSC 51.


4 Free, because nothing is more iniquitous than saleable justice; full,because justice ought not to limp; and speedy,because delayis in effect a denial.

alarming increase in the verbally violent attacks against judges that are fulfilling their mandate to their best ability.

I will deliver a separate Ministerial statement in due course to speak more fully to the issues which such attacks raise.
Making unfounded, defamatory statements against a judge goes to the heart of the rule of law, judicial independence and the consolidation of democracy to which we all strive.

Such senseless speech must come to an immediate end.

22.

Having set out the highlights of the past financial year and having addressed some of the issues faced by the Office of the Judiciary, I now turn to motivate Vote 21 per activity.

4 Motivation Program 1: Supreme Court Adjudication 23.
For the 2018/19 financial year, the Office and Administration of the Judiciary is requesting a total of N$366 348 000 (Three Hundred and 26.

This Program has been allocated an Sixty-Six Million, Three Hundred and amount of N$ 20 890 919.00 (Twenty Forty-Eight Thousand Namibia Million, Eight Hundred and Ninety Dollars) to fund four Programs as it will Thousand Nine Hundred and be presented below.

Nineteen Namibia Dollars).


Office of the Judiciary Supreme Court Adjudication and Administration High Court Adjudication and Administration Lower Courts Adjudication and Administration Policy Supervision, Coordination and Support Services 24.

It must, however, be noted that the proposed budget for the 2018/2019 27.

The primary objective of this Programme is to provide accessible, quality and timeous administration of justice in the Supreme Court, the Apex Court of the land.
The allocated funds will be utilized to improve the court system by rendering the necessary judicial and administrative support to the Court in its adjudication of financial year reveals a decrease of N$ 32 matters before it.

620 000.00 (Thirty-Two Million, Six- Hundred and Twenty Thousand 28.

The function of the Supreme Court Namibia Dollars) to that of 2016/17.

cannot be under stated.

The Chief Justice (8.9 % decrease).

and the Supreme Court Judges preside over the general tenor of the 25.
It is now my pleasure to present the jurisprudence of this country.

They have proposed budget allocation for the Office delivered a sterling service to this of the Judiciary in accordance with the Republic since Independence, and they Programs outlined in the Medium-Term deserve our commendation.

Expenditure Framework (MTEF).

5 Program 2: High Court Adjudication Program 3: Lower Courts Adjudication and Administration and Administration 29.
This Program has been allocated an amount of N$ 81 977 050.00 (Eighty- 33.

This Program has been allocated an One Million, Nine Hundred Seventy- amount of N$ 181 656 147.00 (One Seven Thousand and Fifty Namibia Hundred and Eighty-One Million, Six Dollars).

Hundred and Fifty-Six Thousand, One Hundred and Forty-Seven 30.

The Program IS aimed providing Namibia Dollars).

accessible, quality and timeous administration of justice in the High 34.

This Program has been allocated the bulk Court.

31.
31.

The funds allocated to this programme as it is with the Supreme Court, are expected to be used to improve the court system by rendering the necessary judicial and administrative support to the Court.

32.

The High Court, as is known, is the first point of appeal from the Magistracy and it is really inundated with a heavy case load.
Efforts will be made to investigate the increase of jurisdiction m the Magistrates Courts, from the N$ 25 000.00 monetary limit, to for instance, N$ 50 000.00 or N$ 70 000.00, so that more matters are resolved at the Magistracy and there is no need for their elevation to the High Court.

of the budget because of the size of the staff and judicial establishment and the number of activities the busiest courts in the country are required to carry out.
The magistrates, staff of the magistracy, both at the district and regional courts, are the backbone for the judiciary in this country.

These are the unsung heroes of today who work all over the country, far from their homes in most cases, and have made their posted stations their new homes.

To you I say, keep it up.

I know that your accommodation, your offices - are far from conducive in most cases, yet you continue, day in and day out, to render your service.

What more can Namibia ask from you.

35.


Therefore, this sought allocation of funds will be utilized to improve the court system through effective and efficient 6 administration of justice in all magistrates' appointment of staff members, training of courts in the country.

As well, some of judicial officers and support staff.

These these funds will also be utilized in funds will also be used to monitor the conducting judicial inquiries across the norms and standards for the exercise of country.
the judicial functions of all courts in the country.

Conclusion 38.

I conclude by remarking that learning to work more effectively within the constraints of Government budget rules and procedures is often a frustrating, but necessary, experience for those managing and reforming judicial systems.

Many of these frustrations can be traced to the Program 4: Policy Supervision, Coordination and Support Services 36.
This Program has been allocated an vexed issues of judicial remuneration amount of N$ 81 823 885.00 (Eighty- levels, the necessity for certain time- One Million, Eight Hundred and consummg legal processes, and the Twenty- Three Thousand Eight frequent requirement of expanded or Hundred and Eight Five Namibia much-improved court facilities.

Dollars).

37.

This Program forms part of the key mandate of the Office of the Judiciary and it is aimed at creating a conducive 39.
I assure you that the budget allocation for Vote 21 is expended meticulously on realizing the dream of access to justice for all.

The rule of law, and the effectiveness environment within which the with which it is administered, is one of the constitutional mandate of the Office of keys to social and economic progress.

the Judiciary is fulfilled.

The funds allocated to this Program will be utilized to facilitate the process of addressing infrastructural challenges (e.g.
court rooms, ITC needs and staff housing), 40.

I am oft quoted saying, "strangle the judiciary and institutions concomitant to it, and you can bring an end to this project we have embarked upon, democracy in Namibia."

7 41.

Whilst I appreciate the financial constraints, there is a limit to how far you can stretch an elastic band - it is called elastic limit.
Please consider some of these votes with careful reflection because no one would want to approach the Courts and find them closed due to want of funds to operate efficiently.

42.
42.

We therefore thank the Chief Justice, the Deputy-Chief Justice, the Deputy Judge- President, the Magistrates, the Permanent Secretary, as well as the Registry staff, for their efforts in keeping our judicial system running, and not only running, but at a pace where some of our neighbors have commented with approval and seek to emulate from our ingenuity.

Our judges are invited to sit on the highest benches of our neighboring countries.
This is a testament to the confidence and integrity with which this justice system is being administered.

I therefore salute our Judiciary.

43.

I now seek the indulgence of the House to approve the allocation of N$ 366 348 000.00 (Three Hundred and Sixty-Six Million, Three Hundred and Forty-Eight Thousand Namibia Dollars) for Vote 21.

I Thank you.