Justice department warns magistrates against ‘illegal strike’ [VIDEO]

has warned magistrates who have threatened to strike over their salaries, saying their remuneration is determined by President Cyril Ramaphosa.“This is because the judiciary is independent. Magistrates are not public servants and they are not employed by the DoJ.“Because the judiciary is independent, their salaries are determined by the President after having considered the recommendations of the Independent Commission for the Remuneration of Public Office-Bearers Act,” Phiri said.

The Joasa wrote to parliament expressing frustration over the Independent Commission for the Remuneration of Public Office-bearers dragging its feet in reviewing salary increases for magistrates. “We are not unsympathetic to the issues raised by Joasa, it must be put on record that any proposed industrial or “strike” action undertaken by judicial officers would be improper and unbecoming the role and position of a judicial officer,” Phiri said.

“Judicial officers are not employees and therefore the Labour Relations Act that provides for the protected participation in strikes or industrial action does not apply, making any such strike illegal,” Phiri said.“It is important to mention that Joasa is not the only voluntary association representing magistrates, e.g. there is also the Association of Regional Magistrates of South Africa .There are also magistrates who are not members of any voluntary association.

Phiri said Joasa is aware there is a lower courts remuneration committee, on which it is represented, and communicates with the commission on the annual salary adjustment of magistrates.

Source: Law Daily Report (lawdailyreport.net)

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