Durban magistrates protest against inequality

FRUSTRATED, underpaid, and ignored - Durban magistrates have had enough.

Magistrates in Durban stepped off the bench and onto the streets on Monday, protesting against what they say is entrenched discrimination, structural exclusion, and deliberate neglect by those in power.

Magistrate Scelo Zuma, representing the Judicial Officers’ Association of South Africa (Joasa) president, said their concerns have been ignored for too long.

Zuma said they even resorted to litigation, but those efforts proved fruitless, prompting them to take a different course of action to have their concerns heard.

“There is a long-standing issue relating to our salaries. Annually, there are reports which are prepared, and recommendations are then made to the president and the (Judicial Service) Commission,” he said. 

Zuma said the recommendations were not implemented. 

“This is happening annually. We have tried to litigate. However, our calls and cries are not heeded,” he said. 

“Another issue that we are seeking to be addressed is the issue of a single judiciary because, seemingly, it would appear that magistrates are existing on the periphery of the judicial structure. We seem to be a parallel structure to the judiciary. Whereas the constitution advocates for a single judiciary.”

Zuma noted significant recommendations for improved magistrate salaries and benefits, highlighting a disparity with judges’ benefits.

He said they do not have medical aid, housing allowances or vehicle allowances. They live off a salary that they have to stretch far to cover their daily needs, which include the security of judicial officers. 

“We are planning to have similar actions rolled out throughout the country, until such time that the powers that be attend to this issue because it is a dire situation. It is something that, unfortunately, we cannot let go of. It has to be addressed,” Zuma said. 

Magistrate Dr Betty Rauheath said the last time they got a proper increase was in 2007. 

Rauheath has been in criminal justice for 48 years. 

“I’m now 70 and I have to leave, but I feel sad that I have to leave without having seen any changes,” Rauheath said. 

Magistrate Mondli Nhlangulela, with seven years of service on the bench, described the financial strain faced by many in the profession.

“By the time we pay for our homes and vehicles, there’s barely anything left,” he said. “A housing allowance, vehicle allowance, and a petrol card would give us some breathing room.”

He also raised serious concerns about safety, stating: “Our work constantly puts us at risk. You never know if or when you've offended someone and that makes us vulnerable.”

He highlighted that the salary structure for judges is designed to insulate them from corruption, but the current situation may push some towards unethical choices.

“For now, we’re just firing the first shot. For this week, we’re going to take our lunch (time to) do the picket. Then, from next week, if the powers that be do not come to the party, then we might have to disturb the operation of the court,” Nhlangulela said. 

“They must pay us our dues, because there have been about three reports (on the issue of the payment structure), but none have been implemented. (We are not asking) to be on par with the judges, but put us closer, because the gap is too much.” 

Advocate Francois Botes SC said the Magistrates Commission deals with the manner in which magistrates function, operate, are appointed, and also remuneration issues. 

“If a magistrate is dissatisfied with working conditions, with remuneration, that’s something that needs to be referred to the Magistrates Commission, and if all of that fails, well, then a court application must be initiated to the High Court,” Botes said. 

He stated that industrial action would not be beneficial for the magistrates.

“If they try to engage and it wasn’t addressed, once again, I think they should pursue a higher court. And then an application needs to be initiated in the High Court to address the concerns properly,” Botes said. 

thobeka.ngema@inl.co.za

SUNDAY TRIBUNE