Magistrates' strike 'justified'

The Department of Justice and Constitutional Development is considering launching a court application to interdict magistrates from striking.

Yesterday, members of the Judicial Officers' Association of SA embarked on a national strike, which saw magistrates postponing dozens of cases - the impact of which may only be felt in three months when such matters clog up the system.

While The Times has reliably learnt that the department planned to institute legal action against the striking magistrates, spokesman Mthunzi Mhaga said: "I am not aware of it.''

He said the magistrates' actions amounted to misconduct. "They postponed cases without a valid reason, which is unlawful and flies [in the face of] their oath of office."

He reported that courts were functioning normally in all provinces except in East London, Eastern Cape, and two courts in KwaZulu-Natal, where cases were postponed.

But Bulelwa Makeke, National Prosecuting Authority spokesman, admitted that it was starting to feel the effects of the strike as case after case was postponed.

There are almost 2000 magistrates in the country. Of these, more than 300 are regional magistrates who are members of the Association of Regional Magistrates of South Africa. About 1300 belong to the Judicial Officers' Association of SA.

Judicial Officers' Association president magistrate Nazeem Joemath said their previous attempts to make representations to authorities at the Department of Justice, Chief Justice Mogoeng Mogoeng's office and the Independent Commission for Remuneration of Public Bearers to revisit their salary structure fell on deaf ears.

The commission makes recommendations concerning the salaries of magistrates.

Association of Regional Magistrates president Delize Smith said they had launched legal proceedings, arguing that the commission failed to take into consideration the "roles, status, duty and functions" of magistrates before making recommendations on salary hikes .

The matter is pending in the Constitutional Court.

"We had our annual general conference on Friday and a resolution was taken that a previous decision that Armsa members would not participate in industrial action was confirmed," said Smith.

Last week, parliament approved a 5.5% salary increase for magistrates.

Yesterday, Joemath admitted to postponing at least six cases in the East London Magistrate's Court. These included cases of armed robbery, theft and housebreaking.

"But there are instances where magistrates are doing applications because a magistrate has to be responsible at all times," he said.

"Here, for instance, there was an application brought before the magistrate for domestic violence.

"If the magistrate did not hear that application the child's life would have been in danger. The magistrate uses his or her discretion and hears the application and makes an order."

Acting chief magistrate Cheryl Loots in the Randburg Magistrate's Court said the strike was justified as magistrates were unhappy after discovering that some senior prosecutors earned more than senior magistrates.

She said magistrates worked long hours every day without recess. High court judges get up to four months' recess.

"It is important for everyone to know magistrates are in support of this protest action because they work hard and feel badly treated."

Joemath said: "The impact of the postponement of cases, you won't see today. That you will only see in three months' time."