The Executive Director in the Ministry of Justice, Audrin Mathe, has said the ministry will issue a response on Monday following questions raised about the tariffs of the Legal Aid programme and alleged disparities in remuneration between defence lawyers and prosecutors in the Fishrot corruption trial.
Mathe was responding to questions by NBC News, prompted by a letter from an anonymous source who identified themselves as an employee within the judiciary.
According to the letter, private lawyers appointed under Legal Aid instructions are paid in terms of the 2019 Legal Aid tariffs, which provide for N$5,000 for the first day of trial, N$2,500 for each subsequent day, and no payment for perusal of dockets, consultations, or trial preparation in criminal matters. In civil matters, Legal Aid remuneration is set at 50% of tariffs prescribed under the High Court rules.
The source argues that while these tariffs may be workable in ordinary criminal cases, they are inadequate for large and complex prosecutions such as the Fishrot case.
The Fishrot matter involves about 340 witnesses, more than 150 docket disclosure files, and extensive additional records.
Because Legal Aid lawyers are only paid for court appearances, the source claims defence counsel are effectively required to prepare for trial without compensation.
The letter states that this has led to several lawyers withdrawing from representing accused persons in the Fishrot case.
The correspondence also alleges unequal treatment when compared to other high-profile cases.
It claims that during the Caprivi treason trial, defence lawyers received monthly retainers of about N$80,000, despite mainly dealing with appeal proceedings for already convicted people.
In addition, the source alleges that special salary incentives were approved for state prosecutors involved in the Fishrot case.
According to the letter, Advocates Marondedze and Lutibezi allegedly received incentives of about N$54,000 per month on top of their regular salaries, with Advocate Lutibezi’s annual remuneration reportedly increasing from around N$850,000 to N$1.5 million.
Mathe did not address the substance of the allegations in his response but said the ministry would provide a formal reply on Monday.