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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 122
DATE OF PUBLICATION: 16 SEPTEMBER 2009
Mr WF Faber (Northern Cape)(DA) to ask the Minister of Justice and
Constitutional Development:
(1) Whether Magistrate posts are only advertised and filled once a year;
if so, what are the reason for this?
(2) Whether there is any intention to change the current system to be
able to appoint magistrates on a more regular basis in order to reduce
backlogs of awaiting trials; if not, why not; if so, what are the
relevant details?
REPLY:
(1) No. The Magistrates Commission endeavours to advertise posts of
magistrate at least twice per year. The advertising of posts of
Magistrates is cyclical. A new advertisement can only be published
once recommendations by the Magistrates Commission for the filling of
posts in respect of the preceding advertisement have been received.
The advertising of these Magistrates posts has been delayed on a few
occasions due to the redeployment of supernumerary magistrates to
centres where they could be optimally utilised. The latest
advertisement for approximately 85 posts of magistrate was published
on 26 July 2009. The closing date for applications was 21 August
2009. The Magistrates Commission is currently busy with the
recruitment process whereafter recommendations for the filling of the
posts will be submitted to the Minister for Justice and Constitutional
Development for consideration.
(2) Yes. The Magistrates Commission is in the process of devising a new
recruitment system which is envisaged to, inter alia, fast-track the
filling of vacancies. This intended system was however not
necessitated by the need to bring the recruitment process of the
Magistrates Commission on par with that of the Judicial Services
Commission. This will ensure that the appointment of magistrates
takes place more often in a year.
It should also be noted that vacant posts are filled with acting
appointments pending the filling of vacancies. These âvacanciesâ do
not therefore contribute to backlogs.â