The significant difference in pay between the least compensated magistrate and the least compensated judge sparked surprise during a gathering of the Portfolio Committee on Justice and Constitutional Development yesterday. The committee was briefed by the Department of Justice and Constitutional Development on proposed notices concerning the wage determination for judges and magistrates. Additionally, the Judges Association of South Africa provided a briefing on proposed notices regarding judges’ salaries.
The committee was informed that the variance in the annual salary amounts to approximately R1 million. The committee gave the green light to the preliminary notice concerning the compensation for judges, magistrates, and other public office holders (POB) after discussing the steps needed to reduce this disparity. Multiple individuals within the panel proposed that a sole legal system could deal with the inequalities.
The head of the committee, Mr Xola Nqola, stated that the committee reviewed the issues in accordance with the preliminary notification. He stated: “We had thorough discussions and carefully considered the issues at hand, as well as those we know of but are not currently addressing, such as the correspondence from the previous Chief Justice to President Cyril Ramaphosa.” At this point, with the communication presented to the committee, we decided to give the green light to the salary hikes.
Mr Nqola mentioned that the preliminary notification comprises a rise in compensation for judges, magistrates, the SAHRC, and the PP in South Africa.
As per the announcement, the President decided on a 3% raise for judges, magistrates, SAHRC, and the PP for the financial year 2023/24. He additionally decided on a bump of 2.5% for judges, SAHRC, and the PP for the 2024/25 fiscal year, and a 4.7% rise for magistrates.
Member of the Committee, Adv Busisiwe Mkhwebane, suggested that the disparity in pay could be resolved by implementing a unified judiciary system. One more colleague, Mr Oscar Mathafa, expressed that given that the Chief Justice’s letter was directed to the President and only for the committee’s information, it should not affect the committee’s current tasks. He suggested that the decision on whether to endorse the draft notice on remuneration should not be postponed.
Mr Nqola stressed that the committee stated South Africa must transition to a unified legal system, which will help address the issue of unequal pay for magistrates and judges.
Publishing Editor: Msizi Mavundla
