Magistrates begin their pay protest action by postponing court cases

COURT officials yesterday sat idle in empty courtrooms from as early as 11am after magistrates postponed cases because of their protest action.

The lower courts’ judicial shutdown is a result of a nationwide protest action by magistrates in a bid to earn more pay and have their remuneration packages adjusted.

The Judicial Officers Association of South Africa (Joasa) said the protest action was necessary because they had been trying to resolve their salary issues for years, but things were not getting better.

Joasa president Nazeem Joemath said most of the courts in South Africa at the East London Magistrate’s Court were not sit ting.

He said the chairpersons of the provinces for Joasa confirmed that the magistrates came into the courtrooms and postponed all cases. “There are definitely no trials pro ceeding today,” Joemath said.

Court officials said the magistrates did not say it out loud in court that the matters were postponed because of the protest action.

Joemath said they were mindful of the seriousness of their action.

“Magistrates cannot turn their backs on their work. They will remain responsible,” he added.

He said they had still not received any correspondence from the Department of Justice. He said the protest action was con tinuing despite a “threat” to impeach mag istrates.

The office of Chief Justice Mogoeng Mo goeng released a statement saying he could not comment on issue of magistrates’ sal aries because there was a matter before the Constitutional Court.

“The office of the chief justice wishes to place on record also that should the strike action materialise; it would be regrettable and that magistrates would jeopardise the welfare of the very people to whom they are obliged by the constitution to render a ser vice,” part of the statement reads.

Bulelwa Makeke National Prosecuting Au thority spokeswoman said they too felt the effect of the strike because cases were being postponed. Mthunzi Mhaga, spokesman for the Department of Justice and Constitu tional Development said they were in talks with the Magistrate’s Commission.

“The Ministry of Justice and Constitu tional Development wishes to apologise for any inconvenience that may occur and re quests communities, parties and litigants who require justice-related services from the magistrates’ courts patient where they experience delays or confusion.

“Attempts will be made to restore normal services as soon as it is practically possible where such delays may occur,” Mhaga said.

An Mthatha prosecutor who spoke on condition of anonymity also said cases were proceeding as normal.

“I have just came back from successfully arguing against a bail application, so nothing is out of the ordinary to me. And I have not heard anything about cases being postponed unnecessarily,” he said.

Vasco Mphakone, Chief Magistrate at the Mthatha Magistrate court said he was not allowed to comment to the media when asked about the effect of the go slow.

Joemath said it was expected that some courts would be in session.

“I see some media is playing it down, but two things must be remembered – that effects of the protest action will not be seen immediately and there are a lot of acting magistrates and those in temporary po sitions.

“Those courts will continue as normal as well as non members,” he said adding they continue again today. —