Lawyer Florian Beukes, who represents the Magistrates and Judges Association, has accused Justice Minister Wise Immanuel of referencing laws that do not exist.

The Association released a press statement on Tuesday after the minister granted NBC News an interview during its prime-time news bulletin on Monday.

Beukes said, "We do not derive legal provisions from conjecture or personal opinion; the law exists to guide our actions, and it is our duty to interpret it in a manner consistent with the Constitution."

He added that Immanuel’s assertion has no legal foundation. 

The Magistrates Act, Beukes explained, if read in its entirety, establishes the Magistrates Commission as an independent statutory body responsible for the appointment, discipline, and administrative oversight of magistrates and not as a conduit for ministerial command.

"Magistrates are judicial officers whose independence is protected under the Constitution. Any interpretation that seeks to subject judicial officers to executive control undermines the very essence of the rule of law," Beukes lamented.

Beukes further said that what is of greater concern is that the Magistrates Commission, the Office of the Judiciary, and the Magistrates and Judges Association of Namibia have already reached an agreement regarding improved conditions of service, with the only remaining step being the signature of the Minister to give effect to this agreement.

He said the delay that is causing the magistrates to resume normal work is administrative, not legal, and it directly affects the dignity, morale, and effective functioning of the courts.