[MEDIA STATEMENT] Judges’ salary increase

JUDGES MATTER STATEMENT
4 September 2024

Judges Matter welcomes Parliament’s approval of judges’ salary increase but raises concerns on final numbers

Judges Matter welcomes Parliament’s endorsement today of the increase to judicial officers’ salaries. However, we remain concerned that these below-inflation increases effectively erode the income of judges and magistrates, in violation of the Constitution.

For the 2023/24 financial year, President Cyril Ramaphosa, in consultation with the Independent Remuneration Commission, recommended that both judges and magistrates receive a 3% increase, effective from April 2023. For the 2024/25 financial year, magistrates will receive a 4.7% increase, while judges will receive a 2.5%. Parliament has now endorsed the President’s recommendation, and it now remains for the President to gazette the final increase into law.

Adequate remuneration is one of the key guarantors of judicial independence. It ensures that judges and magistrates make their rulings in accordance with the law, free from financial pressures.

Adequate remuneration is one of the key guarantors of judicial independence. It ensures that judges and magistrates make their rulings in accordance with the law, free from financial pressures. This is why section 176(4) of the Constitution states that the salaries, allowances, and benefits of judges may not be reduced. Over the last five years, judges and magistrates have either had 0% or below-inflation increases to their remuneration, which effectively reduces the value of their salaries. A 2022 research study titled ‘Public Services, government employment and the budget’ by budget expert Professor Michael Sachs of Wits University shows that, in real terms, judges’ salaries have reduced by 15% or R17 229, between 2009 and 2021. This is a serious threat to judicial independence.  It is partly why, earlier in 2024, magistrates threaten to go on strike. It is also the reason why accomplished lawyers may find it unattractive to leave their lucrative  private legal practices to go to the Bench, ultimately creating a weaker Judiciary in South Africa.

Mbekezeli Benjamin, researcher at Judges Matter says:

“While we welcome the Parliament’s approval of salary increases this time, we are concerned that they do not address the erosion of judicial officer’s incomes over the last five years. This threatens judicial independence and weakens our judiciary. We therefore, call for a comprehensive review of judges’ and magistrates’ incomes, in line with the Constitution.”

ENDS

News Coverage:

Eye Witness News: “Paying judges low salaries could impact judicial independence: International Association of Judges”  https://www.ewn.co.za/2024/09/09/paying-judges-low-salaries-could-impact-judicial-independence-international-association-of-judges

SABC News: “Judges Matter welcomes, magistrates salary increases but raises concerns” https://youtu.be/_YupKFmrHN0?si=p6xHvqE6coJP5VPC

Power FM 98.7: “IAJ raises alarm over South African judges’ salaries’ https://www.power987.co.za/featured/iaj-raises-alarm-over-south-african-judges-salaries/

About Judges Matter

Judges Matter is a research and advocacy project dedicated to monitoring the judiciary in South Africa. Located in the Democratic Governance and Rights Unit (DGRU) at the University of Cape Town’s Law Faculty, Judges Matter ensures public accountability and transparency in the judiciary, to promote the independence and effectiveness of the judiciary, strengthen the rule of law, and achieve social justice.

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