Interim Report of the Portfolio Committee on Justice and Constitutional Development on the implications and approval of the proposed new salary scales for 2005 for the Magistracy, dated 16 November 2005
The Portfolio Committee on Justice and Constitutional Development (Portfolio Committee) and the Select Committee on Security and Constitutional Affairs (Select Committee), held joint hearings on the 18 October 2005, inter alia, to enquire into the details and implications of the implementation of the proposed new salary scales for 2005 for the Magistracy and its consequences for Government, in particular the proposed new motor vehicle allowances for magistrates and senior magistrates, as recommended by the Independent Commission on the Remuneration for Public Office Bearers to the President and submitted subsequently to Parliament by the President in terms of Section 12 (3) (a) of the Magistrates Act (Act 90 of 1993) (the Magistrates Act), and the Portfolio Committee wishes to report as follows:
Due to time constraints, the Committees have not been able to fully deliberate on all the substantive issues raised during the said hearings and consequently, due to the urgency of the matter, the Portfolio Committee, in the interim, wishes to recommend that the House resolves as follows:
To rescind its previous decision of 7 September 2005, which approved the draft notice and schedule received in terms of Section 12(1) (a) of the Magistrates Act, as amended by Section 3 of the Judicial Officers Amendment of Conditions of Service Act (Act 28 of 2003);
In terms of Section 12(3)(b)(i) of the Magistrates Act, approves the draft notice and schedule tabled by the President in Parliament on 7 September 2005;
That the costs for the implementation of the motor vehicle allowances for senior magistrates and magistrates be allocated to the Justice Vote in terms of Section 213(2)(b) of the Constitution of the Republic of South Africa, read with Section 12(4) of the Magistrates Act; and
That the Portfolio Committee table its final report in the House, before the end of the year, detailing the outcomes and recommendations in relation to legislative and procedural matters relating to the determination of salary levels for magistrates; the absence of a budgetary allocation to defray the proposed new motor vehicle allowances for senior magistrates and magistrates; the development of policy measures to deal with the implications arising from the extension of motor vehicles allowances to senior magistrates and magistrates; and any other matter relevant to or emanating from the said hearings.