JUDGES SALARY REVIEW: MAGISTRATES FEEL NEGLECTED

MBABANE – Magistrates feel neglected and are crying for help, as they were left out of the salary and allowances review for judges.

The magistrates raised their concerns after learning that the Royal Commission, which is tasked with reviewing the salaries and benefits of politicians and members of traditional advisory councils, would also review salaries of judges. The magistrates said they were concerned by not being included in the review. They mentioned that the last time their salaries were reviewed was in 2016, though some of the recommendations were not implemented for them. According to the government salary scale, magistrates are ranked between E3 to E5. A junior magistrate officer is paid between E340 239 to E382 645 per annum.

Senior magistrates earn between E447 691 to E503 879 per annum. principal magistrates earn between E512 970 to E577 351 per annum. These salaries are not accompanied by any form of allowances, such as car allowances or medical aid. According to some of the magistrates, who spoke on condition of anonymity in fear of being victimised, the last time they heard of anything close to a salary review was when the Chief Justice (CJ) was Richard Banda.

It was said thereafter, a firm was engaged to work on the review, but the recommendations only benefited the registrar and master of the High Court, while magistrates were left out. When they were asked if they benefited from the last salary review for civil servants, they mentioned that they did not.
In fact, they said it was for that reason why they felt they were left out and were likely to be left out from the current exercise, because it was unclear whether they were civil servants or under the Judiciary.

Appeals

“Unfortunately, there was an exercise for review of salaries for public servants and magistrates were also left out. Though there were appeals, they were still left out.” The outcry was that a directive of the review was that a review should be all inclusive. The argument is that The Constitution of Swaziland (Eswatini) Section 139 (1) defines what the Judiciary consists of the Supreme Court, the High Court and all other subordinate courts and Swazi Courts. The officers said they strongly believed they should form part of the review because magistrates fell under subordinate courts.

“We want to know whether we fall under the Judiciary or civil servants. That has made us feel neglected, because we are orphans. We have witnessed the master’s officers being offered a review, but nothing was offered to us. This is unfair; why are we overlooked,” said another aggrieved magistrate.
Magistrate officers are among government employees who do not have an association to speak on their behalf on bread and butter issues. The last time there was an association it was led by former Magistrate Leo Dlamini, who was the Secretary General, but it became defunct over the years.

Dlamini said magistrates had been neglected for a long time. “During our time, whenever we forwarded complaints about salaries they would review them for other judicial officers and leave magistrates. Most of the improvements that were requested by magistrates benefited others,” he said.
He added that the continued neglect of magistrates had the potential to tempt them to enter into illegal activities, which could jeopardise their profession and defeat the ends of justice. “Some magistrates earn less than some DPP officers, without allowances,” he said.

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