THE select committee on security and justice has noted the legal advice and opinion of the parliamentary legal adviser regarding judges’ salary increment.
President Cyril Ramaphosa’s draft notice for 2023/2024 was to set magistrates' increment at 3% for 2023/2024 and 4.7% for 2024/2025, while judges’ increment for 2023/24 is 3% and 2.5% for 2024/2025.
This is after the Independent Commission’s salary recommendation that the increase for all the public office bearers (POBs) be set at 3% for 2023/2024 and 2.5% for 2024/2025.
The Judges Association of South Africa (Jasa) said it contended that the increase of 4.7% to exclude the judges lacked legality and was also unconstitutional as it undermined the judiciary’s independence, violated the principle of the separation of powers, and diminished the protection afforded to judges in terms of Section 176(3) of the Constitution.
During her presentation to the committee yesterday, Zingisa Zenani from Parliament’s constitutional and legal services office, said the function of the commission was to make recommendations concerning the salaries, allowances, and benefits of the POBs.
In the legal analysis, Zenani said the case law Association of Regional Magistrates of Southern Africa v President of the RSA and others, which Jasa’s complaint was founded and relied on, was misplaced.
She said in the same matter, the court confirmed that the power to determine in respect of the remuneration of POBs was entrusted to Ramaphosa and that he was not bound to follow the recommendation of the commission.
“The court further confirmed the president’s power to reject or accept parts of the recommendation, after considering it and other factors that may be brought to his attention by the Minister of Finance,” she said.
Ofentse Jeremiah Mokae from the DA said judges should be supported because some were leaving for the private sector due to being underpaid.
“Given what is happening with our country, we know that our judges are overworked,” he said.
The EFF’s Nolubabalo Mcinga said there was no justification for the delays in this matter as talks on salaries of those in Parliament did not have delays. “The judges are taking care of this country,” said Mcinga.
The chairperson of the select committee, the ANC’s Jane Mananiso, said the committee would like to make informed and rational decisions on this matter. Mananiso said they would need to call Jasa and other stakeholders to come before the committee to provide some clarity and do a presentation. She said the reason was so that they engaged on the matter without violating anybody’s side.
Sunday Tribune