Magistrates' strike: No court disruptions

2013-03-18 14:48
Magistrates are demanding a single pay structure for the judiciary: One that would have their salaries and benefits put on the same sliding scale as those of judges.

Magistrates are demanding a single pay structure for the judiciary: One that would have their salaries and benefits put on the same sliding scale as those of judges. (Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Courts around the country were operating as usual on Monday despite a planned strike by magistrates.

"Courts are functioning normally in Gauteng, Free State, Limpopo, Northern Cape, North West, Western Cape and all other provinces, with no disruptions," justice department spokesperson Mthunzi Mhaga said in a statement.

The situation would be monitored and contingency plans were in place should there be disruptions, he said.

Earlier, Vick Misser, director of the Johannesburg court cluster, said there were no major disruptions in the city.

"All magistrates have reported for duty," he said.

In the Durban Magistrate's Court, chief magistrate Thamsanqa Mabaso said: "There is a good turnout and we have normal rolls."

Single pay structure


He had not heard of any disruptions at his court.

In a statement, the Office of the Chief Justice said: "Should the strike action materialise, it would be regrettable.

"It should also be stated that the Office of the Chief Justice is satisfied that the magistrates' commission... has put in place adequate measures to deal with any disruptions that may arise from the impending strike action."

Magistrates want a single pay structure for the judiciary, one that would have their salaries and benefits put on the same sliding scale as those of judges. This could see their salaries increase by almost 100%.

Mhaga said on Sunday the justice department was working to ensure that salary adjustments of 5.5% for 1912 magistrates would be implemented by 15 April and backdated to the beginning of that month.

A dispute over the salary increase forms part of a matter before the Constitutional Court.

On 19 February the Constitutional Court heard an application for confirmation and variation of an order of constitutional invalidity, and a conditional application for leave to appeal against a decision of the Pretoria High Court by the Association of Regional Magistrates of SA (Armsa).

Constitutional Court application


The application followed a decision by President Jacob Zuma in 2010 to increase the remuneration of regional magistrates and regional court presidents by 5% with effect from 1 Apri 2010. This was based on a recommendation from the Independent Commission for the Remuneration of Public Office Bearers for a 7% increase.

Armsa applied to the High Court to review and set aside the president's decision. It contended it was a reduction in remuneration, procedurally unfair, and took a one-size-fits-all approach.

Armsa sought to have the matter remitted to the president for reconsideration, subject to an invitation for representations from regional magistrates and regional court presidents. The High Court granted part of the relief sought by Armsa.

It held that the president's decision was not an administrative action, but was reviewable under the principle of legality. The High Court upheld only one ground in relation to the one-size-fits-all approach.

Armsa then applied to the Constitutional Court for confirmation and variation of the High Court order. It also applied for leave to appeal against part of the High Court's order. It argued the matter raised a clear constitutional issue, that there were reasonable prospects of success, and it that it was in the interest of justice to grant leave to appeal to the Constitutional Court directly.

The remuneration commission opposed the application and sought leave to appeal the entire judgment and the order of the High Court.

- SAPA
Read more on:    durban  |  johannesburg  |  strikes  |  judiciary  |  labour
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/World
 

New GIF keyboard on iOS for added fun!

Soon sending an LOL! or facepalm will be so much more fun!

 
 

For chic geeks...

Puppy goes crazy over iPad game
Printable solar panels will bring exciting new opportunities!
Now there’s a special lane for texting while walking
LOL! 7 brutally honest texts from parents

Jobs in Cape Town [change area]

Jobs in Western Cape region

Litigation Secretary/PA - BE WITH THE BEST!!

Cape Town Northern Suburbs
Hi-Tech Recruitment - Johannesburg
R6 000 - R7 000 Per Month

Finance Manager

Western Cape
Hire Resolve
R750 - R900 Per Year

Junior Systems Analyst

Cape Town
Communicate Cape Town IT
R12 000 Per Month

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is a tendency to fight against the current today but this will just use up a lot of energy and not get you very far. You...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.