Magistrates go on pay strike

MORE than 70% of magistrates in South Africa embark on a nationwide strike from today in a bid for more pay.

Of the 1912 magistrates in the country, 1400 belong to the Judicial Officers Association of South Africa (Joasa).

Members of the association will be staying away from court until their demands are met. The association has a number of issues which includes the removal of Independent Remuneration Commission (IRC) chairman, Judge Willie Seriti.

The magistrates rejected a 5.5% salary recommendation by the IRC, citing the commission’s failure to correct flaws in the recommendation.

Joasa president magistrate Nazeem Joemath spent the last week attending meetings in Parliament, but the strike is still on.

“They are repeating this 5.5% recommendation, but it has already been rejected by the magistrates,” Joemath said yesterday.

The magistrates also claimed some senior public prosecutors earned more than them.

The executive members of Joasa held a meeting in Port Elizabeth last weekend and it was resolved if there was no better offer by March 15, the strike would start today and continue until their demands are met.

“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 .

Mthunzi Mhaga, spokesman for the Department of Justice and Constitutional Development, said the department had noted with concern Joasa had opted for an unprecedented industrial action. He said they would keep “engaging” with Joasa.

“The department in conjunction with the State Information Technology Agency (Sita), is putting extra-ordinary measures to ensure the salary adjustments of 5.5%, as approved by Parliament this week for 1912 magistrates, is implemented not later than 15 April 2013 and backdated to 1 April 2012,” Mhaga added.

The spokesman said contingency plans were in place to ensure the administration of justice continued uninterrupted.

“As part of these contingency measures, regional court presidents, chief magistrates and other heads of the magistracy, assisted by court managers, will monitor the courts and will make necessary arrangements for acting appointments where necessary to augment the judicial capacity which may arise due to the participation of Joasa members in the strike,” Mhaga said in a statement.

There are serious implications if magistrates do not sit in court.

Awaiting-trial prisoners need forms to be signed by magistrates in order to keep them detained. If not signed, the prisoners may have to be sent home.

At the East London Magistrate’s Court today, one of the cases that is scheduled to be heard is the highly anticipated bail application of two police officers charged with conspiracy to commit robbery.

Sandla Zungile and Abongile Matshingana are constables attached to the Tactical Response Team. —

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