18 OCTOBER 2005
Presented by: Adv Simelane

PARLIAMENTARY HEARINGS ON MAGISTRATES REMUNERATION

Overview

Background information in relation to magistrates' remuneration

· Budget information & previous increase percentage

· Comparison with other occupational classes

· Conclusion & recommendation

Background

· Prior to 1995 salaries of magistrates, then as civil servants, were determined through the collective bargaining process;

· From 1995 they we de-linked from the bargaining process and together with Judges salary increase were determined by the Minister of Justice after consultation with the Minister of Finance

· 2003 both Judges Magistrates and Judges included in the definition of Public Office-bearers and Remuneration Commission advised President on their salary determination

Rationale for exclusion from bargaining process - Van Rooyen

Judicial officers ought not to be put in a position of having to….engage in negotiations with the executive over their salaries. They are judicial officers, not employees, and cannot and should not resort to industrial action to advance their interests in their conditions of service. That makes them vulnerable to having less attention paid to their legitimate concerns in relation to such matters, than others who can advance their interest through normal bargaining processes open to them.

Par 146 of Van Rooyen Judgment

· Unlike the magistrates, there is no filter between the judges and the executive to mediate the determination of their remuneration.

• Recognising this, in 2003 an Act was passed to vest the Independent Commission for the Remuneration of Public Office Bearers with the power also to make recommendations on the salaries of judges and magistrates. This is part of the evolving process of judicial independence in South Africa - & single judiciary

Mechanism Introduced by the Legislation passed in 2003

• Remuneration Commission must publish recommendation on remuneration of public office-bearers including judges & magistrates in the Govt Gazette for comments

• President to determine remuneration by notice in the Govt Gazette

· Approval I amendment / rejection of notice by Parliament

• Publication

Post Establishment for magistrates

· De-linkage from bargaining process led to a hike of 25 % increase in 1995 and has carried the deficit historically

· 2003/4 financial year salary Increased by 9,50 when Department received 7% given across the board - carried 2% in subsequent years

· Have been working down the deficit through by sparingly allocation of posts - only 47 posts in past for years

· Used savings from vacancies to minimise over expenditure

Past three years salary increase

Job evaluation outcome

Looking at the overall Dept's deficit Ii recommended:

· Budget for magistrates increases a salaries be provided from N Revenue Fund from current financial year

· Amount for other legal professional provided from 2006/7 financial year

· DOJCD be allowed to provide for &21 deficit over three years