IMPACT ON PROSECUTORS: DETERMINATION OF SALARIES, ALLOWANCES AND BENEFITS OF MAGISTRATES
18 October 2005


MS E DHLAMINI


BACKROUND

· Salary increases for prosecutors for the period 1994 to 2004 (cost of living adjustments)

· A new remuneration system for Prosecutors & Advocates was approved by the Minister in 2001. The system was aimed at moving prosecutors from the DPSA salary levels to the Paterson bands to provide a proper career path for prosecutors

· The latest increase of 4,67% was approved with effect from 1 July 2005


Salaries for Magistrates

· New salaries, allowances and benefits for Magistrates were determined on 24 August 2005 by the President with effect from 1 April 2005.

· This entails a 5.75% increase for Magistrates at entry level, (R273 444 p.a) plus a motor vehicle allowance of R68 361 p.a. totalling R341 805


Salaries for Prosecutors

· From 1 July 2005 the entry level salary for a Prosecutor is R105 228 and a State Advocate is R143 656. Both instances excludes normal service benefits.

· There are 16 notches on salary band C4 (entry level) and range from R105 228 to R139 383.

· For levels at C5 TO D2, the salary ranges from R143 565 to R270 378. (C5 to D2)


[PMG NOTE : A GRAPH FORCOMPARISON WITH DOJCD COMPARISON DOJ & NPA NOT AVAILABLE BUT CAN BE MADE AVAILABLE AR REQUEST]


Appointment Requirements for Prosecutors & Magistrates

· A three year legal qualification is a requirement for both occupational classes

· Prosecutors under a six months Aspirant prosecutor training before being considered for appointment as prosecutor


Appointment Requirements

· In terms of regulation 3(f)(i) a Magistrate must complete a course at Justice College and thereafter for 6 months, to the satisfaction of the Magistrate's Commission, occupy the office of as a judicial officer.

· As a criteria for appointment as magistrate, 5 years experience in Legal field is required


TRAVELLING REQUIREMENTS FOR MAGISTRATES AND PROSECUTORS

· Both magistrates and prosecutors are expected to travel, especially when conducting periodical courts

· Prosecutors have an added burden of carrying dockets to court


Cost on Training

· The cost in training one Aspirant Prosecutor for six months is approximately R40 320 (excluding administrative & salary for Tutors)

· Justice College spent R4,5m on prosecutorial training for the financial year 2004/2005 (11 34)


Prosecutors recruited to become Magistrates

· 86 Prosecutors left the NPA for the Acting Magistrates Course during the past three intakes, i.e

· 3 May 2004 to 25 June 2004-19

· 1 November 2004 to 26 November 2004-40

· 3 October 2005 to 28 October 2005-27

· The majority of the Prosecutors recruited for the October 2005 intake is on salaries ranging from R109 287 to R220 767 (C4 to Dl).


PROSECUTOR SALARIES 1994 TO 2004


2% Salary increase per salary level: 1994 to 2004

RANK /SALARY LEVEL

%Incr 95

%Incr 96

%Incr 97

%Incr 98

%Incr 99

%Incr 00

%Incr 01

%Incr 02

%Incr 03

%Incr04

Prosecutor 6

5

16.39

9

16.78

6.3

6.5

6.5

39.3

8.5

6.2

Prosecutor 7

    

9

16.78

6.3

6.5

6.5

11.9

8.5

6.2

Prosecutor/Advocate 8

5

16.76

8.42

23.84

5.5

6.5

6.5

16

8.5

6.2

Prosecutor/Advocate 9

    

8

22.63

5

6

6.5

9.5

8.5

6.2

Prosecutor/Advocate10

5

44.3

8

21.48

5

6

6.5

9.5

8.5

6.2

Prosecutor/Advocate 11

    

8

21.47

5

6

6.5

9.5

8.5

6.2

Snr Pros/SnrAdvoc12

5

39.15

8

2147

4

6

6.5

12.9

8.5

6.2

Chief Pros/DD:PP 13

4

24

5

21.47

4

6

67.76(P)

6.5

8

6.5

DD:PP 14

        

4

6

62.71(P)

6.5

8

6.5

D:PP15

0

25

5

22

6

6

74.66(P)

6.5

6.9

4.3

DND:PP 16

        

6

6

75(P)

6.6

6.9

4.4

ND:PP 17

        

6

6

10

69.1(P)

6.9

4.3

PROSECUTOR SALARIES 1994 TO 2004


[PMG NOTE :THE FOLLOWING NOT AVAILABLE


2.3%SALARY INCREASE : PROS/ADV LEVEL 8

2.4%SALARY INCREASE : PROS/ADV LEVEL 9

2.5%SALARY INCREASE : PROS/ADV LEVEL 10

2.6%SALARY INCREASE : PROS/ADV LEVEL 11


RECOMMENDATION

· It is recommended that the remuneration structure of Magistrates be reviewed, in line with job evaluation principles, and that if motor vehicle allowances are granted, they also be granted to Prosecutors as well.

· The JE results be implemented

· The car allowance be extended to prosecutors