THE country’s lower courts face the possibility of a total shutdown from March 18 after magistrates confirmed they would go on strike if their salaries were not adjusted.
The national executive of the Judicial Officers’ Association of South Africa (Joasa) met in Port Elizabeth at the weekend, and confirmed their intention of striking if their pay demands were not met .
There are serious implications if magistrates do not sit in court.
Awaiting trial prisoners need J7 forms to be signed by magistrates in order to keep them detained. If not signed, the prisoners may have to be sent home.
The association has a number of issues with the Independent Remuneration Commission (IRC) and want the chairman, Judge Willie Seriti, removed .
The magistrates rejected a 5% salary recommendation by the IRC citing the commission’s failure to correct flaws in the recommendation.
A burning issue though, is of salary reviews. According to Joasa president magistrate Nazeem Joemath, there are prosecutors who earn more than magistrates.
“A few days ago I compared the salary of a SPP (senior public prosecutor) with that of a senior magistrate and discovered the SPP earns a couple of cents under R1.2-million, almost R37000 more than a senior magistrate per month.
“The high court judiciary has always looked down on us and has never shown an interest in our remuneration as they were the only recipients of the 2008 IRC recommendations which were implemented,” Joemath said in a statement.
Yesterday Joemath said one of the resolutions of the weekend meeting was that they would not go to court from March 18 until further notice.
Mvuzo Notyesi, branch secretary of the National Association of Democratic Lawyers (Nadel), said magistrates had good reason to strike.
“It has been our position as Nadel there should be a single judiciary and the benefits for presiding officers in lower courts are the same as those in the high court.
“This is to ensure efficiency in the judiciary,” he said.
“While we are sympathetic to the magistrates, in reality this will affect the running of the courts, resulting in injustice to the poor and vulnerable.
“It will create chaos; there is already a backlog of cases.”
Notyesi urged the department of justice to fast track the salary review process.
Mthunzi Mhaga, spokesman for the Department of Justice and Constitutional Development, said: “We are naturally concerned about the impact of any strike in the administration of justice but have confidence our engagements with them will bear the desired results to avert any such action.”
The Black Lawyers’ Association president Busani Mabunda said magistrates had a duty to discharge their duties, as expected by society.
“I am not even sure they are allowed to strike. If this strike goes ahead it will have an adverse impact.”
This is not the first time magistrates have threatened to go on strike. In 2011 they promised a national judicial shutdown .
At that time, the chief justice earned R2130769 a year while lower court magistrates earned 30% of that, at R639256 a year. —
Strike threatens courts
The national executive of the Judicial Officers’ Association of South Africa (Joasa) met in Port Elizabeth at the weekend, and confirmed their intention of striking if their pay demands were not met .
There are serious implications if magistrates do not sit in court.
Awaiting trial prisoners need J7 forms to be signed by magistrates in order to keep them detained. If not signed, the prisoners may have to be sent home.
The association has a number of issues with the Independent Remuneration Commission (IRC) and want the chairman, Judge Willie Seriti, removed .
The magistrates rejected a 5% salary recommendation by the IRC citing the commission’s failure to correct flaws in the recommendation.
A burning issue though, is of salary reviews. According to Joasa president magistrate Nazeem Joemath, there are prosecutors who earn more than magistrates.
“A few days ago I compared the salary of a SPP (senior public prosecutor) with that of a senior magistrate and discovered the SPP earns a couple of cents under R1.2-million, almost R37000 more than a senior magistrate per month.
“The high court judiciary has always looked down on us and has never shown an interest in our remuneration as they were the only recipients of the 2008 IRC recommendations which were implemented,” Joemath said in a statement.
Yesterday Joemath said one of the resolutions of the weekend meeting was that they would not go to court from March 18 until further notice.
Mvuzo Notyesi, branch secretary of the National Association of Democratic Lawyers (Nadel), said magistrates had good reason to strike.
“It has been our position as Nadel there should be a single judiciary and the benefits for presiding officers in lower courts are the same as those in the high court.
“This is to ensure efficiency in the judiciary,” he said.
“While we are sympathetic to the magistrates, in reality this will affect the running of the courts, resulting in injustice to the poor and vulnerable.
“It will create chaos; there is already a backlog of cases.”
Notyesi urged the department of justice to fast track the salary review process.
Mthunzi Mhaga, spokesman for the Department of Justice and Constitutional Development, said: “We are naturally concerned about the impact of any strike in the administration of justice but have confidence our engagements with them will bear the desired results to avert any such action.”
The Black Lawyers’ Association president Busani Mabunda said magistrates had a duty to discharge their duties, as expected by society.
“I am not even sure they are allowed to strike. If this strike goes ahead it will have an adverse impact.”
This is not the first time magistrates have threatened to go on strike. In 2011 they promised a national judicial shutdown .
At that time, the chief justice earned R2130769 a year while lower court magistrates earned 30% of that, at R639256 a year. —
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