Chairperson, I rise on behalf of the Select Committee on Security and Constitutional Development for the approval of the remuneration of magistrates and judges.
The interim Constitution of 1993 sought to change the ad hoc nature which up to then had characterised the determination of the remuneration of public office bearers. It provided for a permanent commission to make recommendations to Parliament, provincial legislatures and local governments regarding the remuneration and allowances of public representatives. It was later entrenched in legislation.
The notion of an independent remuneration commission was subsequently also entrenched in the 1996 Constitution, which prescribed, in legislation, the establishment of a framework for the determination of salaries, benefits and allowances. The Independent Commission for the Remuneration of Public Office Bearers Act of 1997 subsequently established the Independent Commission for the Remuneration of Public Office Bearers, which was headed by Justice Moseneke between 1 April 2004 and 1 April 2009.
In terms of section 2 of the Judges' Remuneration and Conditions of Employment Act of 2001, the President of the Republic determines the remuneration of judges after consideration of recommendations made by the commission.
The commission has made recommendations to increase the salaries of Constitutional Court judges, other judges and magistrates after it found that the remuneration levels of judicial office bearers have dropped in real terms when compared to other public office positions, especially directors-general.
Judicial remuneration practice has not kept pace with the changing judicial environment and requirements of the judiciary; judicial remuneration was not benchmarked correctly; remuneration levels were not high enough to attract and retain the desired candidates, especially young professionals; and a historic undertaking to link increases to the consumer price index rate had not been honoured.
It was found that the gap between the lowest-level judge and highest-level magistrate was too wide; whereas the reverse was true in respect of High Court judges and the Chief Justice, which was also contrary to international best practice. The commission's recommendations were approved by Parliament in 2008, with the exception of the salaries of the presidents and presiding officers of the Divorce Courts.
With regard to the 2009 salary increases, the President issued notices on 12 November 2009, in terms of section 2 of the Judges' Remuneration and Conditions of Employment Act and the Magistrates Act of 1993, respectively, indicating that he has approved a 7% salary increase for members of the judiciary with effect from 1 April 2009 - which I suspect will include this House. [Laughter.]
The total remuneration packages of the Constitutional Court judges and other judges, which exclude pension benefits regulated separately under the Judges' Remuneration and Conditions of Employment Act, include an annual salary cash component of 72,24% and 27,76% noncash component, including a car allowance and medical aid.
The total remuneration package for permanently appointed magistrates includes a basic salary component of 60%, pension benefits and a flexible portion for the remaining amount. I therefore, on behalf of the committee, request your approval in this regard.
Debate concluded.
Question put: That the Report on Draft notice: Salaries payable to Constitutional Court Judges and Judges annually be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report on Draft notice: Salaries payable to Constitutional Court Judges and Judges annually accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Draft notice: Salaries payable to Magistrates annually be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Draft notice: Salaries payable to Magistrates annually accordingly adopted in accordance with section 65 of the Constitution.