Magistrates from across the Nelson Mandela Bay region have added their voices to the nationwide outcry over significant salary disparities with judges, among other concerns.
Their grievances culminated in a peaceful picket during their lunch hour outside the Gqeberha magistrate’s court on Thursday.
Speaking in unity, they called for a major salary increase in line with a key independent remuneration report.
Dressed in their distinctive black and red gowns, the 20-strong crowd sang Senzenina (what have we done to deserve this) and held up placards declaring “one judiciary”, “overworked and underpaid”, “magistrates matter” and “value our service, value our lives”.
Speaking on behalf of the group, Mxolisi Bebula said the 20 magistrates able to participate in Thursday’s picket represented the more than 40 magistrates across seven courts in the metro.
Bebula said they were, in turn, part of the Judicial Officers’ Association of SA.
Similar protests have already been staged in Gauteng and the Western Cape, but this was the first for the Eastern Cape.
He said magistrates played a critical role and yet they were not being properly paid.
“We are the first court of instance. Cases come to us directly from the street.
“We deal with 90% of the cases across all the courts.”
He said their grievances dated back to a 2008 Constitutional Court ruling that magistrate salaries must be reviewed every five years.
“However, this was never done, and as a result we have the finding by the independent remuneration committee report that magistrates should be getting 30-40%, or about R400,000, more than they are currently getting.
“As it is, we have not even enjoyed any kind of a salary increase this year. And the report has been sitting on the desk of President Cyril Ramaphosa since October last year.
“We are calling for that recommendation to be urgently implemented.”
He said magistrates currently received an annual salary package of about R1.1m.
“We should be at R1.6m.
“Though our case work load is much higher than the judges in the high court, we are paid about R1m less than them.
“We do not expect our salaries to match, but at least the balance should be fair.”
Bebula said magistrates were also calling for benefits like medical aid and housing to be added to their overall salary package.
“This is standard practice in other African countries but does not exist here and we need that to change.”
Well-known attorney Bond Nyoka, who was there to support the protest, said he felt strongly about the matter.
“The difference between the magistrate’s court and the high court is not supposed to speak to inferiority and superiority but simply rather to different jurisdictions.
“Magistrates and judges should be remunerated the same, in my view.”
Terrence Manase, spokesperson for the minister of justice and constitutional development, said the justice ministry was scheduled to tackle the issue this month.
He said the ministry was aware of the protests, including the recent picket and memorandum which had been submitted to parliament by the Judicial Officers’ Association and a delegation of lower court judges.
“The ministry acknowledges and appreciates the concerns expressed,” he said.
“Matters relating specifically to the magistracy, including conditions of service and resourcing, are already on the table and form a central part of ongoing discussions linked to government’s broader priority of establishing a single judiciary.
“A dedicated engagement is scheduled for this month of November, with the exact date to be confirmed.”
Manase said the establishment of a single judiciary remained a key government commitment and continued to receive the attention of justice and constitutional development minister Mmamoloko Kubayi.
“Significant progress has been made in placing the judiciary on a path toward full institutional independence, in line with the constitutional vision of a judiciary that operates as an equal and independent arm of the state.”
He said a task team comprising representatives from the justice department, the office of the chief justice, the presidency, National Treasury and the departments of public service and public works had been established.
The team would finalise proposals that would fully realise the judiciary’s institutional independence.
“A progress report on this work has already been prepared for submission to the cabinet.
“There is a formal engagement scheduled for this month in this regard.
“This will provide a formal platform to consider the issues raised, including matters related to remuneration and benefits,” Manase said.
The Herald
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.