The same dispute that led magistrates to stop work and bring courts across the country to a standstill several months back has now landed before the High Court.
The Magistrates' and Judges' Association of Namibia is challenging laws it says give the government too much control over magistrates' salaries, allowances and other employment benefits.
The application was filed by the association's president, Victor Nyazo, who says the current system allows the respondents, including the minister of Justice and Labour Relations, Magistrates Commission, Minister of Finance, the Attorney-General, the President, Office of the Judiciary and the Executive Director of the Office of the Judiciary to make or block decisions that should be handled by the Magistrates Commission.
The association wants the High Court to declare parts of the Magistrates Act unconstitutional and to cancel two government decisions that linked magistrates' housing and vehicle allowances to Public Service salary grades.
According to the court papers, the Ministry of Finance approved higher housing and vehicle allowances in October 2023 but did not approve salary increases.
Government later gazetted the new allowances in December 2025.
Nyazo says the association expected a job evaluation and further consultations before the changes were implemented. Instead, it claims the final benefits were approved without following the recommendations of the Magistrates Commission.
The court papers state that the association repeatedly wrote to government seeking clarity and later proposed a revised allowance structure that it says was accepted by the Office of the Judiciary.
However, it alleges that the Ministry of Justice rejected that proposal and submitted a different version for gazetting without consulting the commission.
The association further claims the final structure created differences between magistrates of different ranks and did not use the full budget allocated for the improved benefits.
It is asking the High Court to set aside the 2023 and 2025 decisions and rule that the respondents should NOT have the final say over magistrates' conditions of service.
The court challenge follows a nationwide work stoppage by magistrates, which began in November 2025 after they accused the government of failing to honour promises on improved housing and vehicle allowances.
The strike brought criminal and civil proceedings to a halt in courts across the country and centred on the same dispute over benefits and conditions of service.
Minister of Justice and Labour Relations Wise Immanuel called the work stoppage illegal and filed an urgent application in which he sought an order that would compel the presiding officers to return to work; the magistrates denied having stopped work.