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DETERMINATION OF REMUNERATION
OF JUDGES AND MAGISTRATES FOR
(RECONMMENDATION FOR 2014/15
FINANCIAL YEAR)
PRESENTATION TO THE SELECT COMMITTEE ON
SECURITY AND JUSTICE
18 FEBRUARY 2015
An outline of the presentation
1. Purpose and legislative authority
2. Recommendation of the Independent Commission for
the Remuneration of Public Office Bearers (IRC)
3. Legislative authority
4. The determination of remuneration of judges and
magistrates by the President
5. General views and comments on the determination
6. Recommended approach to the matter
2
Purpose and legislative authority
 The purpose of the presentation is to submit to the
Select Committee on Security and Justice, the
determination of the remuneration of magistrates and
judges for the 2014/15 financial year
 In terms of the Magistrates Act, 1944 (section 2(1)
and the Judges Remuneration and Conditions of
Employment Act, 2001 (s2) the salaries, allowances
and benefits of magistrates and judges respectively
are determined by the President by notice in the
gazette after taking into considerations the
recommendations of the IRC. the remuneration of
judges and magistrates must be approved by
Parliament
3
Purpose and legislative authority
 In terms of the Independent Commission for the
Remuneration of Public Office-Bearers Act, 1997: The
remuneration, benefits and allowances of public office
bearers are determined by the President after considering
the recommendations of the Independent Commission on
the Remuneration of Public-Office Bearers (IRC). Following
the amendment of the Act in 2003, magistrates and judges
were included in the definition of public office bearers
requiring that the salaries be determined by the IRC
 Unlike that of other categories of public office-bearers, it the
requirement of both the Magistrates Act and Judges
Remuneration Act that Parliament must approve the
determination made by the President . This is viewed as a
measure to safeguard the independence of the judiciary
(Van Rooyen judgment)
4
The remuneration package of judges and magistrates
 Current and recommended remuneration of Magistrate who
are 1, 097
Level
Current
Recommended
Regional Court President
1, 115 314
1, 171 079
Regional Mag /Chief Mag
991 293
1, 050 771
Senior Magistrate
817 810
866 878
Magistrate
743 542
788 155
Other allowances and benefits of magistrates:
 Magistrates get a car allowance as part of the package
which may be structured
 Are members of the pension fund (GPEF)
 Medical aid
5
The remuneration package of judges and magistrates
 That of judges (who are 240) is as follows:
Position
Current
Recommended
Chief Justice
2, 478 378
2, 602 297
Deputy Chief Justice
2, 230 248
2, 342 006
President of SCA
2, 230 482
2, 342 006
Deputy President of SCA
2, 106 607
2, 211 937
Judge of CC and SCA
1, 982 731
2, 081 868
Judge President
1, 858 856
1, 951 799
Deputy Judge President
1, 734 835
1, 821 577
Judge of the High Court
1, 610 960
1, 691 508
Other benefits and allowances of judges:
 Continuing salary as a form of pension
 Gratuity
 Car owned by the State
6
Constitutional, and legislative imperatives
 Constitutional and legislative imperatives:
 The remuneration of judicial offices is a direct charge against
National Revenue Fund, and not part of DOJ CD/OCJ vote
allocation
 The salary, benefits and allowances of judges may not be
reduced (similar in respect of Magistrate, safe that the latter is a
safeguarded by an Act of Parliament)
 On-going measures to improve economical efficiency:
 Magistrates’ pension and medical benefits have been a matter of
discussion for some time. Government’ will provide a policy view
during the comprehensive review by the IRC
 A legislative framework for remuneration in respect of judges
discharged who perform service who perform service
 Measures under way to revise the regulatory framework
regarding the allocation of State-owned vehicles for judges
7
Consultation as required by law
 The establishment of a Lower Courts Remuneration
Committee in respect of magistrates: The Lower Courts
Remuneration Committee (LCRC) was establishing a
vehicle through which the Chief Justice will be able to make
submissions to the IRC for purposes of the remuneration of
magistrates as he or she is required to do so by law.
 The LCRC comprises members from the Judicial Officers
Association of South Africa (JOASA) and Association of
Regional
Magistrates
(ARMSA).
Despite
their
representation in the LCRC JOASA and ARMSA have made
individual representations, both to IRC and Parliament.
There were also litigation challenging the determination
made in the courts of law, which is not an ideal situation
 At the Superior Courts the Heads of Courts used as a forum
to canvass views from the judges
8
Concluding remarks
Committee to take note the following in considering the
determination by the President:
(a)
That Parliament’s power in terms of the applicable
legislation:
The law requires Parliament to approve or reject the
determination by the President. There is no clear guidance in
the applicable legislation of the process that must be followed
where Parliament rejects the determination save that the
determination lapses – thereby necessitating another
determination by the President. The situation becomes
complex in particular where the two Houses arrives at different
decisions. This may require strengthening of the legislation
overtime
9
Concluding remarks
(b) The timeframe for the determination
The determination of the remuneration of judicial officers lends
itself to a lengthy process due to the legislative requirements.
By the time Parliament receives and considers the
determination of the President all other categories of public
office-bearers including members of Parliament would have
their salary adjustments effected. After the approval the
Department (and now the OCJ must implement the
determination on the system which takes time. This is due to
the manual calculations that are necessitated by peculiar
circumstances of each judicial officer). This causes
resentment which are understandable
It is necessary that a time table be worked between the all
involved to improve time efficiency
10
Recommendation
It is recommended that the Committee
approves the President determination as per
the Notice addressed to Parliament by the
President, namely:
(a)6% increase in respect of judicial officers
earning less than R1, 000 000
(a)5% in respect of judicial officers earning
more than R1, 000 000
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END
Q&A
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