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


1 The purpose of this memorandum is to provide you with employment equity information relating to magistrates in order for you to respond to a request received from Ms Chohan-Khota.


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

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