Protesting magistrates delay cases

In Port Shepstone on the KwaZulu-Natal south coast, one magistrate postponed all the cases on his roll, the Office of Chief Justice Mogoeng Mogoeng said in a statement.

In the Family Court, two presiding magistrates dealt only with urgent matters pertaining to women and children and postponed all other cases.

"In Ixopo, the magistrates were postponing all criminal matters. However, they were dealing with bail applications. In respect of Family Courts, they were dealing only with urgent matters," it said.

In Pinetown and in Madadeni most cases were postponed while in Nquthu, criminal courts were only issuing postponements.

At the Randburg Magistrate's Court, none of the 12 permanently appointed magistrates, who are supporting the protest, were doing trials.

"They were still at work and carrying out other judicial functions," the Office said.

Six acting magistrates and the acting heads of the office were assisting with trials.

"In the North West, the magistrates' protest action was limited to courts in Moretele and Odi," Mogoeng's office said.

It said in the Northern Cape, participation in the protest was limited to a court in Barkley West where three trials were postponed.

No major disruptions

However Mogoeng's office said there were no major disruptions to court proceedings in the majority of regional and district magistrates courts

"Other than these isolated incidents, all courts functioned normally, all magistrates were in court and cases were heard in the normal manner. There we no go-slows reported," the office said in its statement.

Some 1,300 magistrates went on strike on Monday (18 March). They want a single pay structure for the judiciary, a demand that, if met, would mean that salaries and benefits will be on the same sliding scale as those of judges.

This could see salaries increase by almost 100%. The dispute over the salary increase forms part of a matter before the Constitutional Court.

The National Association of Democratic Lawyers (Nadel) said the impartiality of the judiciary would be at risk if public disagreements between magistrates and the government continued.

"As a cornerstone of our constitutional democracy no element of the judiciary should put its impartiality at risk," said Nadel spokeswoman Nokukhanya Jele.

"The independence of the judiciary will be negatively affected by overt expressions of discord between the magistracy and other arms of government," she said

She said though all people were entitled to fair labour practices, the judiciary played a special role in the constitutional dispensation.

Magistrates should take this into consideration their obligations to society.

"The magistracy should use existing structures and institutions to address concerns over salaries and employment benefits," said Jele.

Meanwhile, the Judicial Officers' Association of SA (Joasa) said the nationwide protest had disrupted courts on Monday and Tuesday, despite reports stating otherwise.

Joasa president Nazeem Joemath said 70% of courts nationwide were disrupted on Monday (18 March) and he expected a similar situation on Tuesday (19 March).

He said the protest would escalate if Joasa did not get a response to its demands.

"We want meaningful engagement and so far we are not getting that," said Joemath.

Source: Sapa via I-Net Bridge