Zuma told to reconsider magistrates' pay

2012-09-04 10:17
Picture: <a href=http://www.shutterstock.com>Shuttertstock</a>

Picture: Shuttertstock

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

Pretoria - The North Gauteng High Court has ordered President Jacob Zuma to reconsider the 2010 salary increases of the country’s regional magistrates and regional court presidents.

Judge Eberhard Bertelsmann granted an order to the Association of Regional Magistrates on Monday, setting aside Zuma's decision to increase their salaries by five percent with effect from 1 April 2010.

He referred the decision back to Zuma for reconsideration, but ordered that the increases remain in force until the president had taken the decision afresh.

Bertelsmann found Zuma had failed to comply with the statutory requirement to consider the public office bearers’ particular role, status, function, duties and responsibilities prior to determining an appropriate salary increase.

Unlawful


This rendered his decision unlawful and irrational. The magistrates maintained the decision was contrary to a seven percent increase recommended by the Independent Commission for the Remuneration of Public Office Bearers.

It did not differentiate between the various classes of public office bearers, but applied a uniform increase across the board for all public servants.

It further failed to take into account the extreme disparities between the salary packages of magistrates and high court judges.

Bertelsmann said the commission was obliged to make recommendations on salaries and benefits that would protect judicial officers' independence by ensuring an adequate level of financial security.

This was important because judges and magistrates could neither negotiate directly with the executive, nor resort to industrial action if they were dissatisfied.

Workload


He referred to the considerable workload of regional magistrates because of recent expansions of their jurisdiction to impose life imprisonment, together with newly-conferred civil jurisdiction.

"It is common cause that the regional courts form the backbone of the criminal justice system in the Republic. The court can take judicial notice of the fact that they are continuously faced with overcrowded rolls and experience many administrative and other challenges," he said.

He found the uniform increases exacerbated the existing unfairness of the regional magistrates’ and regional court presidents’ remuneration.

The commission’s one-size-fits-all recommendation adopted by Zuma, but on a reduced level, clearly did not appreciate the circumstances of the regional magistrates, Bertelsmann said.

In a well-motivated memorandum they explained that the failure to consider their particular circumstances might see them fall further behind other public office bearers if no particular provision was made for them.

- SAPA
Read more on:    jacob zuma  |  judiciary
NEXT ON NEWS24X

Hired 'witch hunter' jailed

2014-11-24 18:54
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
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Africa
 

Hottie of the day: Charlotte

Meet our hottie of the day, Charlotte. She feels sexiest after a good workout at the gym!

 
 

Men24.com

This is why guys shouldn’t be in photos
BMW drift battle: M235i vs. speedway bike
Want to start talking dirty?
And this year's Miss Bumbum title goes to...

Jobs in Cape Town [change area]

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

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

Up to 35% off books

Save up to 35% on the latest page-turners. While stocks last. Shop now!

Good Morning, Mr Mandela by Zelda la Grange

Good Morning, Mr Mandela tells the extraordinary story of how a young woman had her life, beliefs, prejudices and everything she once believed in utterly transformed by the greatest man of her time. Now R221. Pre-order 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

Enjoy the view because as from tomorrow you are going to need to come back down to earth and join the party. In the meantime use...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.