Justice and Constitutional Development Minister Mmamoloko Kubayi is set to meet with the leadership of the magistracy in early November to discuss judiciary-led court administration and the wider framework of the single judiciary.

This came to light after magistrates staged their first demonstration outside the Durban Magistrate’s Court on Monday at lunchtime to express their displeasure primarily on the issue of the major remuneration review. 

Magistrates expressed frustration over the historical neglect of their concerns, particularly regarding unimplemented salary recommendations, saying their cries have fallen on deaf ears. They went as far as trying to litigate the issues but were unsuccessful. Magistrates highlighted a disparity with judges’ benefits. They plan to have similar demonstrations nationwide until their issues are addressed.

The risk of corruption due to the current salary structure, which is meant to protect judges but may inadvertently push magistrates towards unethical decisions, was noted. Magistrates urged for a more equitable salary structure, acknowledging the existing gap between magistrates and judges.

Among their grievances, magistrates cited the following: to achieve judicial independence for the magistracy, in particular; to fight against systematic discrimination of magistrates and exclusions in the Judicial structure; to advocate and realise the dream of a single judiciary in their lifetime; and most importantly, to have the remuneration major review implemented immediately.

Spokesperson to the minister of Justice and Constitutional Development, Terrence Manase, said: “The department can confirm that the minister is scheduled to meet with the leadership of the magistracy in early November to discuss matters relating to the judiciary-led court administration and the broader framework of the single judiciary.” 

However, Manase clarified that the conditions of service and remuneration of magistrates, as public office bearers, are determined by the Independent Commission for the Remuneration of Public Office Bearers, and not by the Department of Justice and Constitutional Development.

“We can also indicate that the matter referred to has not yet been formally brought to the attention of the minister,” Manase added. 

Meanwhile, DA KwaZulu-Natal National Council of Provinces (NCOP) member Mzamo Billy wrote to NCOP Security and Justice Committee chairperson, Jane Mananiso, requesting an urgent briefing by the Minister of Justice and Constitutional Development, and the Magistrates Commission to account for the ongoing neglect of magistrates’ welfare, and the collapse of support systems within lower courts in KZN.

“These magistrates form the backbone of South Africa’s justice system, yet they continue to face unsafe work environments, lack of resources, and unfair remuneration, issues that have long been ignored by the Department of Justice and Constitutional Development,” Billy said. 

He said the party believes that when magistrates are overworked, underpaid, and lack support, justice for everyday South Africans is often delayed and ultimately denied.

In the letter, Billy reported on the demonstration, which highlighted the magistrates’ ongoing frustration over poor salaries, inadequate working conditions, and lack of institutional support. 

He said the development underscores the growing crisis within the lower judiciary, which continues to face: 

• Significant disparities in remuneration between magistrates and other tiers of the judiciary; 
• Unsafe and dilapidated infrastructure in many magistrates’ courts; 
• A growing sense of demoralisation among judicial officers directly affecting case finalisation rates.

Billy requested that the committee firstly, invite Kubayi to brief the committee on the current state of engagement with the Magistrates Commission regarding remuneration and working conditions, and secondly, engage the Magistrates Commission or its representatives to hear first-hand the challenges facing magistrates in the country. 

The Independent Commission for the Remuneration of Public Office Bearers was approached for comment but had not responded by the time of publication. The article will be updated once comment is received. 

thobeka.ngema@inl.co.za

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