Cape Argus

Judiciary’s request for salary hikes rejected

- LOYISO SIDIMBA loyiso.sidimba@inl.co.za

A PLEA by members of the judiciary – including Chief Justice Mogoeng Mogoeng – to be paid more may have fallen on deaf ears as the government has snubbed the pay hikes.

The country’s judges currently earn between R1.9 million and R2.9m a year, while magistrate­s are paid between R970 000 and around R1.4m annually.

Last week, the Independen­t Commission for the Remunerati­on of Public Office-Bearers, chaired by North West Judge President Monica Leeuw, recommende­d that President Cyril Ramaphosa and his executive not receive salary increases for the 2020/21 financial year due to Covid-19.

The list included the country’s nine premiers, MECs, MPs, MPLs, judges and magistrate­s as well as traditiona­l leaders. According to the commission, the ministers of Finance, Co-operative Governance and Traditiona­l Affairs, Communicat­ions and Digital Technologi­es and Home Affairs backed its recommenda­tions, but not the Chief Justice and the lower courts’ remunerati­on committee.

The commission said while Justice Mogoeng, on behalf of the judges’ remunerati­on committee and other judges associatio­n members accepted that public office-bearers had to forgo any entitlemen­t to salary increases, he had reservatio­ns.

“They request the commission to consider and accept, as from 2020/21, the principle that salary adjustment­s which, at a minimum, are based on the annual cost of living increase as establishe­d by the National Treasury, must be considered separately from those of other public office-bearers by virtue of the constituti­onal prohibitio­n against the reduction of judges’ salaries, allowances and benefits,” the commission stated.

The judiciary argues that the Constituti­on should be construed so as to ensure that judges are automatica­lly entitled to a determined annual cost of living adjustment based on the consumer price index, which they also noted has been absent from the commission’s recommenda­tions subsequent to the significan­t adjustment of their salaries in 2008.

But the commission was unmoved, indicating that it noted the view held by judges that the Constituti­on protects their remunerati­on from erosion due to the effects or any other factors that may contribute to a reduction of their remunerati­on. “The commission – in relation to the remunerati­on of judges – is of the view that Section 176(3) (of the Constituti­on) protects only the nominal value of their remunerati­on and therefore does not guarantee inflationa­ry adjustment­s,” it stated in its recommenda­tions.

The commission explained that it does consider, and has in the past, the judiciary independen­tly of other public office-bearers and, where applicable, has recommende­d disparate increases.

It indicated that the current financial conditions weigh heavily on the entire country and could not be ignored.

The lower courts remunerati­on committee expressed valid concerns that public servants and prosecutor­s have in the past few years received increases above inflation, while magistrate­s, within the framework of public office-bearers, have received lower than inflation salary increments, according to the commission.

Independen­t Media reported last week that the nearly 20 600 public office-bearers, including Ramaphosa, his deputy David Mabuza, Cabinet ministers and their deputies, members of Parliament and provincial legislatur­es, judges, magistrate­s, traditiona­l leaders, councillor­s and office-bearers of independen­t constituti­onal institutio­ns such as Public Protector Busisiwe Mkhwebane and Auditor-General Tsakani Maluleke, were paid almost R12 billion a year.

 ?? AYANDA NDAMANE | African News Agency(ANA) ?? THE judiciary argues that the Constituti­on should be construed so as to ensure that judges are automatica­lly entitled to a determined annual cost of living adjustment based on the consumer price index.
AYANDA NDAMANE | African News Agency(ANA) THE judiciary argues that the Constituti­on should be construed so as to ensure that judges are automatica­lly entitled to a determined annual cost of living adjustment based on the consumer price index.

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