DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT REPUBLIC OF SOUTH AFRICA
DATE: 04 October 2005
INTERNAL MEMORANDUM
TO: Secretary of the Magistrates Commission FILE NO: 612812
FROM: Court Nerve Centre
SUBJECT: EMPLOYMENT EQUITY INFORMATION OF MAGISTRATES
PURPOSE
BACKGROUND
2. On behalf of Ms Chohan-Khota you requested information in respect of magistrates relating to:
21. The number race and gender breakdown of the different ranks of magistrate; and
22. How many of those magistrates have worked on the bench for -
(a) 0 - 5 years;
(b) 5-loyears;
(c) 10 - 15 years; and
(d) 15 years and longer.
DISCUSSION
3. Information relating to the filled posts of magistrates appointed in terms of the Magistrates Act No.90 of 1993 is available on PERSAL, which is the official salary administration system of the Department of Justice and Constitutional Development. The nature of appointment of these magistrates is categorized into different groups on PERSAL to provide for the different contracting arrangements with the appointees.
4. According to PERSAL 1, 826 persons were appointed as magistrate on 31 May 2005, of which 1,663 were permanently appointed. The other 163 magistrates were temporary appointments on contract (e.g. sexual offences courts) for specific periods of time.
5. The population group and gender breakdown of the filled posts of magistrate (excluding magistrates appointed on contract) as at 31 May 2005 is given according to the years of service of the magistrates in table 1 below. The table shows that, on 31 May 2005,1,046 (63%) of the magistrates have been appointed for longer than 15 years, while 306 (18%) have been appointed for 11 - 15 years, 132 (8%) have been appointed for 6 - 10 years, and 178 (11%) have been appointed for 0 - 5 years.
Table 1: Permanently Appointed Magistrates as on 31 May 2005.
RANK DESC |
RACE |
GENDER |
00- 06- 11- 05 10 15 16+ |
Grand Total |
MAGISTRATE |
AFRICAN |
FEMALE MALE |
28 28 17 37 27 28 65 212 |
110 332 |
COLOURED |
FEMALE MALE |
7 9 13 1 16 1 19 19 |
30 |
|
INDIAN |
FEMALE MALE |
13 17 16 8 20 5 10 9 |
54 44 |
|
WHITE |
FEMALE MALE |
24 12 60 96 25 18 69 283 |
192 395 |
|
TOTAL MAGISTRATE |
160 118 269 665 |
1,212 |
||
SENIOR MAGISTRATE |
AFRICAN |
FEMALE MALE |
1 7 2 2 61 |
8 65 |
COLOURED |
FEMALE MALE |
1 1 |
1 1 |
|
INDIAN |
FEMALE MALE |
2 2 |
2 2 |
8. Of the 132 magistrates appointed for 6 - 10 years, 18 (14%) were white males, 13 (10%) were white females 42 (32%) were black males, and 59 (45%) were black females.
9. Of the 179 magistrates appointed for 0 - 6 years, 26 (15%) were white males, 28 (16%) were white females, 73 (40%) were black males, and 52 (29%) were black females.
[PMG Note : A GRAPH FOR Black / White and Gender Composition of Magistrates NOT INCLUDED]
GENERAL
Submitted for your information.
A P PRINSLOO
COURT NERVE CENTRE
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL AFFAIRS
RANK DESC |
RACE |
GENDER |
00- 06- 11- 05 10 15 16+ |
Grand Total |
|
WHITE |
FEMALE MALE |
2 2 12 43 |
16 43 |
||
TOTAL SENIOR MAGISTRATE |
4 3 5 126 |
138 |
|||
REGIONAL MAGISTRATE |
AFRICAN |
FEMALE MALE |
2 2 5 15 6 5 5 44 |
24 60 |
|
COLOURED |
FEMALE MALE |
1 1 2 4 |
3 8 |
||
INDIAN |
FEMALE MALE |
2 2 6 1 3 2 |
10 6 |
||
WHITE |
FEMALE MALE |
2 1 4 23 1 8 132 |
30 141 |
||
TOTAL REGIONALMAGISTRATE |
13 11 31 227 |
282 |
|||
CHIEF MAGISTRATE |
AFRICAN |
FEMALE MALE |
2 8 |
2 8 |
|
COLOURED |
FEMALE |
1 |
1 |
||
INDIAN |
FEMALE |
1 1 |
2 |
||
WHITE |
FEMALE MALE |
1 8 |
1 8 |
||
TOTAL CHIEF MAGISTRATE |
1 21 |
22 |
|||
REGIONAL COURT PRESIDENT |
AFRICAN |
FEMALE MALE |
1 1 3 |
2 3 |
|
COLOURED |
FEMALE |
1 |
1 |
||
INDIAN |
FEMALE |
2 |
2 |
||
WHITE |
MALE |
2 |
2 |
||
TOTAL REGIONAL COURT PRESIDENT |
2 7 |
9 |
|||
GRAND TOTAL |
179 132 306 1,046 |
1,663 |
6. The information is also shown graphically in figure 1 - In this figure, the population group distribution of the magistracy is presented by combining the previously disadvantaged groups (i.e. African, Coloured and Indian) and presenting this as a single "black" population group together with the white population group. The figure shows that, on 31 May 2005, 468 (45%) of the magistrates appointed for longer than 15 years were white males, 132 (13%) were white females, 365 (35%) were black males and 81 (8%) were black females. 121 (20%) of the magistrates appointed for less that 15 years were white males, 107 (17%) were white females, 219 (36%) were black males and 169 (27%) were black females.
7. The figure also shows that, on 31 May 2005, 77 (25%) of the 306 magistrates appointed for 11 - 15 years were white males, 66 (22%) were white females, 104 (34%) were black males and 59 (19%) were black females