Magistrates' strike likely

Parliament's portfolio committee on justice has approved a 5.5% salary increase for disgruntled magistrates, despite their threat to go on strike in protest at the "minimal" raise.

In a draft report on the remuneration of magistrates yesterday, the committee said that it was "in no position, nor did it feel it would be appropriate, for it to interrogate the recommendations of the Independent Commission [for the Remuneration of Public Office Bearers]".

The commission, headed by Judge Willie Seriti, had recommended that magistrates be granted a 5.5% pay increase for the 2011-2012 financial year but this has been challenged by the judicial officers as too little.

The justice committee yesterday took a unanimous decision to uphold Seriti's recommendation, and that it be backdated to April last year.

MPs were expected to vote on the matter today.

Two organisations representing magistrates are likely to fight the proposed salary increase.

The Judicial Officers' Association has warned that its members will strike on Monday unless the salary structure is reviewed.

The Association of Regional Court Magistrateshas argued that it was not properly consulted by Seriti's commission before it made its recommendation to President Jacob Zuma.

This dispute is the subject of a Constitutional Court case.

The justice committee said in its report that it was against magistrates going on strike.

"The committee takes a dim view of the statement, threats even, from certain (not all) quarters of the magistracy to embark on a course of illegal industrial action. This cannot be supported, no matter the level of frustration," ANC MP and chairman of the committee Luwellyn Landers said.

"[Magistrates] are an integral part of the judiciary. For people at that level to threaten industrial action or to engage in it . is inappropriate," Landers said.

Judicial Officers' Association president Nazeem Joemath said the strike would go ahead.

"Our resolution is that we will [hear only case] postponements and so on until [March 22] and then step it up from there."

Joemath said he was aware that the planned strike would place an extra burden on the lengthy court roll.

"We are just as concerned but they could have done something. Instead of saying we don't know if we can, why didn't they appoint an adviser?" he said.