Magistrates at a low over pay struggle

Sandiso Phaliso and Bert van Hees

Magistrates are in uproar, saying their morale is “very low” in their struggle to secure regular salary increases.

The magistrates, however, are faced with a dilemma as their Oath of Office prevents them from embarking in strike action and demands their dedication to serving the public and always acting in the best interests of justice.

The public would be the first to suffer from any strike action, they say.

According to a document, magistrates should have received an adjustment in their remuneration in April last year, but are still waiting for it almost a year later.

This year, they say, marks the 11th year of waiting in vain for a meaningful salary adjustment.

According to the document, their annual salary adjustments have been less than the inflation index.

The document laments that the government still regards magistrates as state officials, despite the fact that they are, like high court judges, independent members of the judiciary.

As the jurisdiction of magistrates increased over the years, magistrates have been saddled with 95 percent of the country’s judicial work, the document says.

A senior judicial officer, who did not want to be named, said government officials had unions to negotiate salary adjustments with the Department of Public Service and Administration (DPSA).

The unions also negotiated allowances such as medical aid, housing, subsistence, transport and others for the entire public service, he said.

“They do this via the Central Bargaining Chamber, where the DPSA and unions have representatives. There they agree to percentage salary increases for all, including magistrates, but without the magistrates, who do not belong to unions, being allowed to make any input.

“This also happens with their pension fund, where legislation and rules are frequently changed without any prior discussion with the magistracy,” said the officer.

“Magistrates are not even allowed to attend the negotiations,” the official said, adding that the position the magistrates find themselves in had weakened drastically since 1994, compared to government officials.

“Prior to 1994, magistrates were public servants, but since becoming independent, like judges, magistrates are much worse off financially and have no one looking after their interests.”

The official also maintained that they took their oath seriously to serve the public to the best of their ability, and this prevented them, morally, from going on strike.

This year, according to the magistrates, was one of many that their salary adjustment was between eight and 12 months late.

The adjustment for 2014, which was due in April of that year, was effected only during March/April last year.

As a result, the remuneration of magistrates had dropped consistently in real terms over the last 11 years, especially when measured against the annual inflation rate.

To make matters worse, the official said, the backpay that was due to magistrates for 2014 was taxed at the increased rate, with effect from March last year.

Fears of a severe impact also grew from magistrates over the possibility of another increase in the tax rate this month.

The official said magistrates worked under enormous pressure and were frustrated by the late adjustments of their annual remuneration, which pose a negative impact on them.

DPSA spokesperson Dumisani Nkwamba said the department was not responsible for magistrates.

He referred queries to the spokesperson for the Department of Justice, Mthunzi Mhaga, who said he was unable to get a response yesterday.