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Magistrates' recusal protests "insubordination" - Namibian Supreme Court

TWO regional magistrates who felt they were being badly treated by the authorities over promotion and then recused themselves in protest, have now been ordered back to work by Namibia’s top court. The magistrates stood down from several part-heard cases to highlight what they considered unfair treatment. The two, who held office in the district magistrates’ courts, had been asked to hear regional court cases in an acting capacity. But they were also informed by the magistrates’ appointment body that they were not suitable for full-time appointment to the regional court.

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Recusal has become a political football in a number of African jurisdictions during the past months, but Namibia has produced a completely new scenario: magistrates who refuse to continue a case because of a workplace grievance, and recuse themselves in protest.

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