Strike by magistrates illegal - ministry
2013-03-19 07:47
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Johannesburg - The strike by magistrates on Monday was
illegal, according to the justice ministry.
"Their actions amount to misconduct, as they postponed
cases without a valid reason which is unlawful and flies against their oath of
office," spokesperson Mthunzi Mhaga said.
"[Justice Minister Jeff Radebe] wrote to Joasa [the
Judicial Officers' Association of SA] over the weekend asking them to
reconsider their aggressive stance which is illegal, but [they] have yet to
respond."
Mhaga said Joasa's actions undermined a basic human right of
access to justice and compromised proper administration of justice, especially
during human rights month.
Misconduct
"The minister will impress on the Magistrates'
Commission to initiate misconduct disciplinary action against those members who
unlawfully postponed cases set down for trial," he said.
"This action may lead to their impeachment by
Parliament."
Mhaga said the ministry wanted to emphasise that the strike
was illegal and that this was why the decision was made to take disciplinary
action against them.
He said courts had functioned normally in all provinces with
no disruptions. The only exceptions were in East London and two courts in
KwaZulu-Natal, where cases had been postponed.
"We are busy collating information to ensure that we
assign acting magistrates in affected [courts]. Other legal services have not
been affected. In all, there was minimal disruption."
'Out of touch'
Earlier on Monday, Joasa said the ministry was out of touch
with the problems confronting magistrates in lower courts and was not taking
their salary demands seriously.
As a result, magistrates had reached the point of opting for
strike action.
"[It] is quite embarrassing for us to do this,"
said Joasa president Nazeem Joemath.
"The fact of the matter is nobody listens. The ministry
of justice is out of touch.... I'm really stunned by the department's
attitude."
Joemath said the 5.5% salary increase recently approved by
the department had nothing to do with the matter.
The increase was rejected by Joasa and the Association of
Regional Court Magistrates of Southern Africa (Armsa).
"They've [the justice department] been making it in the
media that we are unhappy with 5.5%," said Joemath.
"They are shifting the actual question. It has taken
the magistrate from being the victim to the villain."
Joemath said all Joasa and Armsa were looking for were the
same salaries, benefits and service conditions as other judges within the
confines of the sliding scale.
The point of contention stemmed from recommendations made to
the Independent Commission for the Remuneration of Public Office Bearers (ICR)
in 2008.
This related to salaries for magistrates and judges at all
court levels, including the Constitutional Court.
It was recommended that salaries be adjusted to a three
percent sliding scale.
Sliding scale
The Chief Justice's salary was planned to be the anchor to
work downwards from, in line with the imperative of establishing a single
justice system.
However, Joemath said this scale took place only within the
high courts. Lower court salaries continued to be adjusted year-on-year,
similar to those of other public servants.
Joemath said that in 2008, magistrates earned 47% of what
the chief justice earned. In 2011, that figure had shrunk to 30%.
He said if the recommendations had been implemented in 2008,
magistrates would be earning approximately double what they were earning now.
Both Joasa and Armsa had approached the legislative branch
after the implementation was approved by President Jacob Zuma in 2010.
After the National Council of Provinces had studied the
recommendations, it agreed with Joasa and Armsa that the sliding scale be
introduced across the board in 2008.
"[However] when we went to the justice portfolio
committee to brief them, it doesn't matter how good your argument is as the
decision has been already made," said Joemath.
"When we called for the strike, we thought we were
going to get engagement, which has not taken place. Magistrates are demoralised
and disillusioned."
Arguments in the IRC matter had already been presented in
the Constitutional Court, where judgment was reserved.
Despite Joemath's comments and a planned strike by
magistrates, courts around the country were said to be operating as usual on
Monday.
- SAPA
