 |
| MEMBERS OF THE SOUTH AFRICAN JUDICIARY AT THE STATE OF THE NATION ADDRESS 2021 IN CAPE TOWN - 11 FEBRUARY 2021 |
Organisations representing magistrates across South Africa are in consultation with their members who are disgruntled over salaries, which could see industrial action being rolled out by the judicial officers. Research by IOL revealed that a Government Gazette of September last year issued by President Cyril Ramaphosa on the determination of salaries and allowances of magistrates in terms of the Magistrates Act pegs the lowest-paid magistrates at R1,077,210 per annum as total remuneration. A special grade chief magistrate was pegged at R1,567,105 per annum, while a regional court magistrate or a chief magistrate receives R1,406,110. According to the Gazette, a senior magistrate gets R1,165,530.
The Judicial Officers Association of South Africa (JOA) has a national footprint, and every province is currently engaging on this issue. They are going to discuss and consider what form of industrial action might be appropriate in terms of the lower court judiciary. The top of the magistrates’ gripes is the remuneration, transfer policy, and pensions. The state spends about R4 million annually on a high court judge. Judges do not contribute to any pension fund, they receive a salary for life after serving for a number of years, while magistrates are heavily taxed and have to cover own security, education for their children, and contribute to the government pension fund.
Seeking legal recourse on the salary dispute could become a lengthy process. The JOA has spent more than a decade being patient with the Independent Remuneration Committee, even the ministry (of justice), the Presidency and Parliament. The portfolio committees that discuss the aspects of the lower court judiciary are very aware of the agitation within the magistracy.
The magistracy is the largest component of the judiciary, which does about 95% of all judicial work. Other players in the judiciary system, such as prosecutors, who are engaged in about 45% of all legal work but earn more than presiding officers, are also facing a situation where their interests are not being catered for in any fashion.
Karikan said that magistrates across South Africa are “in a very bad and dire position”. He added that the presiding officers may consider legal action, but industrial action cannot be ruled out at this stage. Litigation is one option, but it is a grey area when it comes to magistrates embarking on industrial action. The idea is to ensure that the relevant role-players do their job, as the lower court judiciary is in a very bad state, and magistrates are financially strained.
