Johannesburg Magistrates Court. Photo:X/@Mag_Matter
The justice department (DOJ) has warned magistrates who have threatened to strike over their salaries, saying their remuneration is determined by President Cyril Ramaphosa.
The Ministry said it has noted reports regarding a possible strike by some magistrates affiliated with the Judicial Officers Association of South Africa (Joasa).
According to the Presidency, the least paid magistrate in South Africa makes just over a R1 million per annum.
Justice department spokesperson Chrispin Phiri said the salaries and conditions of service of magistrates are not determined by the DOJ.
“This is because the judiciary is independent. Magistrates are not public servants and they are not employed by the DoJ.
“Because the judiciary is independent, their salaries are determined by the President after having considered the recommendations of the Independent Commission for the Remuneration of Public Office-Bearers Act,” Phiri said.
Phiri added that Parliament must also approve or disapprove the determination made by the President.
“The same procedure is followed in determination of the salaries of the judges.”
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The Joasa wrote to parliament expressing frustration over the Independent Commission for the Remuneration of Public Office-bearers dragging its feet in reviewing salary increases for magistrates.
“We are not unsympathetic to the issues raised by Joasa, it must be put on record that any proposed industrial or “strike” action undertaken by judicial officers would be improper and unbecoming the role and position of a judicial officer,” Phiri said.
“Judicial officers are not employees and therefore the Labour Relations Act that provides for the protected participation in strikes or industrial action does not apply, making any such strike illegal,” Phiri said.
Phiri said there are currently a total of 2024 posts of magistrates countrywide.
“It is important to mention that Joasa is not the only voluntary association representing magistrates, e.g. there is also the Association of Regional Magistrates of South Africa (ARMSA).There are also magistrates who are not members of any voluntary association.”
Phiri said Joasa is aware there is a lower courts remuneration committee, on which it is represented, and communicates with the commission on the annual salary adjustment of magistrates.
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