E1.2 MILLION C-CLASS MERCS FOR JUDGES

MBABANE – Local judges are next in line to receive flashy cars from government.

This follows the completion of their salary review. The salary review, it has been gathered was conducted by the Royal Commission and completed in December last year. Even though it has not been gazetted yet, this publication has received information from reliable sources that once implemented, the review will see judges being afforded a flexible package when it comes to vehicles.

Stipulated

The vehicles are the C-Class Mercedes Benz type, which cost about E1.2 million and the commission has ensured some form of flexibility in that the judges will have a choice. This is because they will be allowed to either take the stipulated vehicles or top up the benchmarked amount to purchase the models they prefer. As if that is not enough, those who will decide that they are still comfortable with the vehicles they are currently using will be allowed to continue with them and enjoy the car allowance.

Suitable

“A transition period will be considered in the vehicles. Since there is a stipulated benchmark, it will be up to the judges to take what is suitable for them. Basically, it is a flexible deal because they can take the car or the money,” said a source. Currently, the judges are afforded car allowance but they do not have the option to top up and purchase the vehicles they prefer.

Notably, the last salary review for judges was conducted in 2016 but was not implemented.When the commission was appointed, it worked on a review for politicians, which was implemented and the judges have been left out.
Besides the vehicles, the salary review has also made a provision for the improvement of security for the judges.

Escorted

This means that they will now enjoy being looked after by security guards throughout their movements. It was gathered that the commission had to address a concern that the safety of judges was only taken care of when they go to court for cases and escorted to their cars after they are done, something which has been deemed as a threat to their safety.

The argument by the commission, it has been gathered, was that some of the cases the judges deal with have the potential of being a threat to their safety. Also contained in the review is that upon retirement, judges will be given a chance to take up cases, especially when there are backlogs and they will be remunerated according.

This, however, will only be afforded to judges who have retired and been at home for not more than five years.
During an interview with this publication on Monday, Minister for Finance Neal Rijkenberg confirmed that the salary review document was presented to him and Chief Justice Bheki Maphalala in December. The minister said the delay in gazetting the review was caused by the ministry’s legal team noting certain things which have to be corrected first.

Submitted

The minister said: “Yes the Royal Commission submitted the review. I was there when it was handed over. It is now for us to gazette it.” It was gathered that the plan by the commission was to make sure that the salary review is gazetted soon so that the new remuneration for the judges can form part of the national budget expected to be presented by Rijkenberg sometime this month.

Recently, this publication reported how government has Cabinet ministers will drive around in new fancy vehicles, which have since been delivered on behalf of government. The cars are the latest Toyota Land Cruiser Prado LC Prado 3.0D VX (25X). Each costs about E1 475 525.The vehicles have been purchased through one of the country’s car dealership companies.Also to receive the cars are the four regional administrators (RAs), chairpersons of the three main King’s Advisory Councils (emabandla).

The chairpersons of emabandla who stand to benefit from this facility are from Liqoqo and the Ludzidzini Royal Council. The Civil Service Commission and Elections and Boundaries Commission (EBC) are also classified as emabandla.

Meanwhile, the last time a salary review for judges was implemented was in 2016, when the then Minister for Finance, Martin Dlamini, issued what was known as the Prescription of Salaries and Allowances of Judicial Officers Notice 2016, which led to the adjustment of the salaries.

Established

The gazette accommodated judicial officers who include the chief justice, Supreme Court judge, High Court judge, Industrial Court of Appeal judge, Industrial Court judge and any other judge of any court established in terms of the law. While the task of reviewing the salaries rest with the chief justice (CJ) previously, things changed in 2018, as it was announced that the commission, which had initially been tasked with reviewing the salaries of the country’s politicians – the Legislature (MPs and Senators) and the Executive (Cabinet ministers) had had their assignment extended.

It was gathered at the time that after the commission had completed their initial task and went to His Majesty King Mswati III to present their report, the head of State issued the directive that their assignment be broadened to include reviewing the salaries for the Judiciary. After the directive, Rijkenberg issued an extraordinary government gazette in the form of Legal Notice No. 2013 of 2018.This Legal Notice was to be read with Legal Notice No, 167 of 2018, which announced the appointment of the commission and its terms of reference.

The notice amended the previous one by broadening the commission’s scope of work to include reviewing the salaries for judges of the superior court of judicature and those of the Industrial Court”. However, the commission allegedly halted the plan to review the salaries for the Judiciary as it discovered that the Office of the CJ at the time had already begun a similar exercise.

Remunerated

Despite the reports that the Office of the CJ had already begun such an exercise, no report was made public on the exercise. Currently, judges are remunerated at E60 346 as a basic salary each, excluding a further inducement allowance of E4 563 and an entertainment allowance of E2 281. The CJ, on the other hand, is paid a basic salary of E73 051 monthly and a further E5 524 inducement allowance and E2 767 entertainment allowance.

The CJ was formally appointed to the position on November 10, 2015 having been the acting CJ after the previous office holder, Michael Ramodibedi, had been dismissed by the King for alleged misbehaviour in June 2015. The main function of the Judiciary is to adjudicate and to interpret Acts of Parliament and the common law.

Additionally, the Judiciary has the power to issue out orders or directions as may be necessary to ensure law, peace and order is maintained and is independent and subject only to the Constitution.The country’s Judiciary comprises the courts of general jurisdiction, the Supreme Court, High Court and magistrates courts and other specialised courts, such as Swati or Customary Courts.

In addition, there is the Industrial Court and the Industrial Court of Appeal which are specialist tribunals whose jurisdiction is confined to labour disputes. The judges of the superior courts (Supreme and High Courts) and the specialist tribunals are appointed by the King on the advice of the JSC, while magistrates are appointed by the JSC.
The remuneration for judges is in line with Section 141 (6) of the Constitution.

Power

The section states: “The salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a judge of a superior court or any judicial officer or other person exercising judicial power, shall not be varied to the disadvantage of that judge or judicial officer or other person.”Meanwhile, last year, the commission reviewed the salaries for emabandla and increased them by about 11.1 per cent.

The commission made sure that the salaries and allowances for politicians and emabandla are almost  similar.
This, it was said, was aimed at ensuring that individuals who previously held the positions of MP or Cabinet minister and were then appointed into any of the 10 emabandla did not become worse off. The prime minister and deputy prime minister still lead in terms of the basic salary.

On the other hand, the salaries for chairpersons of the emabandla are exactly those of the presiding officers in Parliament.

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