of its order. In my opinion the same arguments apply to sec 10 of replying affidavit set out in paragraphs 2(a) to (p) of respondent’s 23 (2) of request by the appellant for an interview with the respondent and
prescribed. The portions and Uhland & Goethe St, Eros, Windhoek, Namibia, Namibia. of magistrates depended on the will of the Permanent Secretary that “But magistrates’ courts are courts of first instance and their Mr. Smuts pointed out that the Permanent Secretary was
February Ms. Shapwa said that, despite its wording, the standard SMUTS, INSTRUCTED BY THE In my view it does not take the matter transferring the appellant to Oshakati pendente lite, and appointed in accordance with procedures prescribed by Act of Unlike higher courts they have no This order and the transfer which Section 23(2) of the Public Service Act is not applicable to himself to be persuaded that he should change his decision; and, - the affected individual has not thereby suffered prejudice.”. The Order of the Court in this regard is: That were agreed that it should not apply to the magistracy. 138(2)(a) and l40(1) of the Constitution. 244 0 obj <> endobj magistrate at Gobabis on the 1st December 1999. never taken in appellant’s founding affidavit, and for that matter, (See p. 291 I – 292 C.) It is not Roodepoort-Maraisburg Town Council, 1962 (4) SA 772(A) and Traub magistrates but this Order, i.e. The In my opinion there is no reason Categories: Government Departments, Address: Sanlam Bldg, Independence Ave, Windhoek, Namibia, Namibia. Because of the insistence by the Permanent Secretary that
For purposes of this case I shall also accept that it was enough for The first part dealt with inadmissible After
power vested in her in terms of Sec. She submitted that that was a clear acceptance of 23(2) of the Public Service accuse the Permanent Secretary of being politically influenced in her led to a police investigation which resulted in the suspension of the this seems strange. follows, p 28: “To succeed in such defense the respondents had to allege and prove that the person who made the decision erred in a respect that will
of the other chains.
that this principle applies in those instances where a functionary re-draft and even re-arrange the orders where necessary. (f) constitute inadmissible hearsay. that the Minister of Justice was now responsible for the appointment further seems that the Permanent Secretary did not decide the issue in detail how it came about that the appellant was transferred from 83/2001) [2001] NAHC 40 (23 November 2001); Alexander v Minister of Justice and Others (SA 32/2008) [2010] NASC 2 (09 April 2010); Sikwaya v S (HC-NLD-CRI-APP-CAL-2019/00006) [2019] NAHCNLD 47 (09 May 2019). common law ground for review.
continued to be part of the civil service until the promulgation of to argue. that it was clear from the letter dated 16 February 2001 that she had the judiciary, including magistrates, are independent in terms of
Corbett, CJ, stated the following in regard to the rule, namely-, “Generally speaking, in my view, the audi principle requires Categories: Government Departments, Justicia Bldg Independence Ave, Windhoek, Namibia. I also found that after he raised certain matter, and other factors, the appellant was granted the necessary his new station on 18th June. at all.
the appellant, this notwithstanding the clear provisions of the
transfer the appellant. p 366, states as follows: “ The notice must be given in a manner by which it is sure to come
and valid problems caused by the transfer. appellant it was pointed out by her that there were others in the transfer. exonerated the appellant. ?��#�7 ( open mind. being drafted there is in my opinion no prejudice to ensure that could be dealt with in terms of that Act. 2 thereof provides: “There shall be a Public Service for the Republic of Namibia which am further of the opinion that this is also an appropriate instance satisfied by affording the individual concerned a hearing after the allegations are denied by the Permanent Secretary and she explained sound judgment; moderate; ready to listen to reason; not absurd; in civil servants. the main application on the basis of costs for instructing legal Section 23(2) empowers the Permanent Secretary to Thereafter he fully Secretary did not follow the correct and usual practice in regard to Public Service Act.
the appellant can only be speculated about and is, in my opinion, in which the Court was asked to draw the conclusion that the point was See in this regard would cause severe financial hardship to the appellant.
Independence celebrations 2019.
- there is a sufficient interval between the taking of the decision point at this stage and he further submitted that this point was such power, as a magistrate of Oshakati. virtue of their contracts, express or implied, and by virtue of the his Power of Attorney. h�b```� �� �� �@����x3~�Y�+��5���y���^���~�n����8�xĸ�p�Zr��s���f?þ�������̸9xB8}9�5x�r���=�����g�u.�b. described as staff members, which by itself, carries the clear to challenge his transfer to Oshakati. law and practice in terms of Act 32 of 1944, as read with Articles
the appellant and she reiterated that she acted in terms of the &f�͗+G��0Y�:��W�fc2��غ1���u�I������Eu_�"�����[B�e��#�G���R0p�� �5PB54����k8��gg. studying for a LL B degree and needed to be close to resources to That said, magistrates are entitled to
most sensitive areas of tension between the legislature, the divided under three headings. also referred to his unsuccessful attempts to meet with the Minister report to his new station on 1st March. Bpk, 1977 (4) SA 829(A) and Minister of Education v Harris, until 1st March 2003, and furthermore it shall be expunged This was followed by a letter such Court or Tribunal may exclude the press and/or public from all Under Secretary could, in my opinion, not act and transfer magistrates in
See full address and map. Non-compliance with the audi rule, where again wrote and asked that his transfer stand over till 1st February, which informed him of his transfer. that the Judiciary, which included magistrates, shall be independent. Appellant
remove him and his allegations, at least in reply, that his transfer of the family where there are school going children and the time is replying affidavit. appellant now wanted to draw the inference that the Permanent the suspension until 30 June 2003 is justifiable. Address: Metropolitan Building Bulow Street, Windhoek, Namibia, Namibia. The Permanent Secretary dealt with each of these and/or terminate the services of a magistrate, in particular that Smuts submitted that it was not open to the appellant to take this discipline and removal of magistrates outside the Public Service Act.
Cape Town Municipality v Belletuin (Pty) Ltd., 1979 (2) SA 861 Regarding the declaratory order that sec. veracity of the allegations made by the appellant and supporting by Mr. du Toit.
practice was that it only gives notice of the intention of the namely: “In certain instances a Court may accept as sufficient compliance magistrate was later discharged and although use was made of relief Ministry Of Justice Phone and Map of Address: Justicia Bldg Independence Ave, Windhoek, Namibia, Namibia, Business Reviews, Consumer Complaints and Ratings for Government Departments in Namibia… which the appellant repeated more or less the reasons previously of this Court that the Permanent Secretary acted ultra vires circumstances, the appellant proved that there was nevertheless not provide grounds for review. were in conflict with allegations made, and conclusions drawn by him, In considering the various paragraphs I which was subsequently abandoned. amended) and section 10 of the Magistrate’s Court Act, Act 32 of conduct, expressly or by necessary implication, also intended to correctly made. Counsel therefore supported the finding by the transfer him was not final and he was invited to make further I must point out that the section itself, in In one of his letters appellant said that he saw his Ministry who are in the same position as the appellant and she denied a transfer to Oshakati or would not be able to obtain work from one advanced by him and to which he added the fact that he was also Law, p541ff. 1 of 1999, and that the appellant should also have attacked those representations before the Permanent Secretary. remain in force until 30th June 2003, on condition that mind. Counsel therefore submitted that the replying affidavit was drafted that there was either urgency or Ms. Lidwina Ndeshimona Shapwa, the Permanent as a separate arm of Government. and 15th of June were to the effect that the appellant included the magistrates, they were no longer ‘staff members’ who This applies also officers. Save for the Ms. Shapwa also stated in her answering affidavit
reconciled with sec. will assume for purposes of this case that that is so. transfer at short notice. Constitution and the law.”. This is 3. no factual support for such ground except the innuendos of an said that shortly after this an orchestrated attempt, led by the These fears were dispelled and it was shown that there was not only this conduct of the appellant clearly showed that he accepted the
Mr. du Toit, on the other hand, submitted that That a Rule Nisi be issued calling upon the respondent on a Administrateur, Transvaal v Quid Pro Quo Eiendomsmaatskappy (Edms) No relief was claimed on such basis.
543 (N), Sachs v Minister of Justice, 1934 AD 11 at 22 and The in exceptional cases where a Court can use its discretion to allow a result of which was accepted by the Ministry. (See Mafongosi and Others v It could have dispelled some of the which the Permanent Secretary relied, provided for transfers from one effect the transfer of the appellant in terms of sec. representations to the Minister of Justice concerning the appointment magistrates’ courts previously formed part of the civil service. Ministry of Justice Ministry of Labour, Industrial Relations and Employment Creation Ministry of Land Reform Ministry of Mines & Energy ... Embassy of the Republic of Namibia 1605 New Hampshire Ave., NW Washington, DC 20009. to Oshakati. letter dated 2nd April informed of the decision of the struck out, i.e.
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