The ministry of justice and correctional services has warned magistrates who have threatened to strike over wages that doing so will be illegal, improper and unbecoming.
The Judicial Officers' Association of South Africa (Joasa) has written to parliament expressing frustration over the Independent Commission for the Remuneration of Public Office-bearers dragging its feet in reviewing salary increases for magistrates.
“We are not unsympathetic to the issues raised by Joasa, [but] it must be put on record that any proposed industrial or 'strike' action undertaken by judicial officers would be improper and unbecoming the role and position of a judicial officer,” said the ministry’s spokesperson Chrispin Phiri.
Judicial officers are not employees, hence the Labour Relations Act, which allows protected participation in strikes, does not apply, rendering any such strike illegal.
Phiri said because the judiciary is independent, magistrates' salaries are determined by the president after considering the recommendations of the commission.
Parliament must approve or disapprove the determination made by the president. The same procedure is followed in the determination of the salaries of judges.
He said the commission is also required to take into account varying inputs from stakeholders and consider certain factors before making its recommendations.
“The minister has raised his concerns regarding the delays with the annual increments of the judiciary with the chairperson of the commission and it was also raised when we briefed parliament’s portfolio committee on justice and correctional services and the select committee on security and justice.”
Phiri said there are 2,024 magistrates posts countrywide.
“Joasa is not the only voluntary association representing magistrates. For example, there is also the Association of Regional Magistrates of South Africa. There are also magistrates who are not members of voluntary associations.
“Joasa is aware there is a lower courts remuneration committee, on which Joasa is represented, which communicates with the commission on the annual salary adjustment of magistrates.
“In addition to the annual determination of salaries the commission is also busy with a major review which is being done on all office-bearers. The commission should be approached regarding progress with this review,” he said.
TimesLIVE
Strike by magistrates over wages would be illegal, unbecoming: justice ministry warns
Image: Phathu Luvhengo/TimesLIVE
The ministry of justice and correctional services has warned magistrates who have threatened to strike over wages that doing so will be illegal, improper and unbecoming.
The Judicial Officers' Association of South Africa (Joasa) has written to parliament expressing frustration over the Independent Commission for the Remuneration of Public Office-bearers dragging its feet in reviewing salary increases for magistrates.
“We are not unsympathetic to the issues raised by Joasa, [but] it must be put on record that any proposed industrial or 'strike' action undertaken by judicial officers would be improper and unbecoming the role and position of a judicial officer,” said the ministry’s spokesperson Chrispin Phiri.
Judicial officers are not employees, hence the Labour Relations Act, which allows protected participation in strikes, does not apply, rendering any such strike illegal.
Phiri said because the judiciary is independent, magistrates' salaries are determined by the president after considering the recommendations of the commission.
Parliament must approve or disapprove the determination made by the president. The same procedure is followed in the determination of the salaries of judges.
He said the commission is also required to take into account varying inputs from stakeholders and consider certain factors before making its recommendations.
“The minister has raised his concerns regarding the delays with the annual increments of the judiciary with the chairperson of the commission and it was also raised when we briefed parliament’s portfolio committee on justice and correctional services and the select committee on security and justice.”
Phiri said there are 2,024 magistrates posts countrywide.
“Joasa is not the only voluntary association representing magistrates. For example, there is also the Association of Regional Magistrates of South Africa. There are also magistrates who are not members of voluntary associations.
“Joasa is aware there is a lower courts remuneration committee, on which Joasa is represented, which communicates with the commission on the annual salary adjustment of magistrates.
“In addition to the annual determination of salaries the commission is also busy with a major review which is being done on all office-bearers. The commission should be approached regarding progress with this review,” he said.
TimesLIVE
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