JUDGES' NEW BENEFITS: MAGISTRATES CRY FOUL OVER SALARY NEGLECT

MBABANE – Following the recent Government Gazette Extraordinary announcing improved remuneration and benefits for judges and the chief justice, magistrates across the country have expressed deep frustration and a sense of neglect.

They argue that their crucial role within the judicial system is being overlooked, while other judicial officers enjoy substantial financial gains.

The magistrates’ outcry is fuelled by a perceived disparity between their current compensation and the newly enhanced packages for judges and the chief justice, which include provisions for high-value furniture, security upgrades and generous post-retirement benefits. They highlight that their salaries are currently on par with assistant masters of the High Court, a stark contrast to the scope and complexity of their duties.

“We handle a wide range of cases, including peace binding, remands and children in conflict with the law,” one magistrate, speaking on condition of anonymity due to fear of reprisal, stated: “Yet, we are paid as if our responsibilities are minimal.”

Magistrates also lamented the absence of a strong representative body to advocate for their interests. “We feel voiceless,” another magistrate expressed. “There’s no one to stand up for us and ensure our concerns are heard.”
The magistrates’ grievances extend beyond salary discrepancies. They point to the fact that they were excluded from the recent salary review that benefited judges and the Chief Justice.

Increase

They also say that a 2016 review that was supposed to increase their salaries was never fully implemented.

According to government salary scales, magistrates are classified between E3 and E5, with junior magistrates earning between E340 239 and E382 645 per annum. Senior magistrates earn between E447 691 and E503 879, while principal magistrates earn between E512 970 and E577 351. These salaries do not include allowances for vehicles or medical aid.

“The last time we felt like our concerns were being addressed was during Chief Justice Richard Banda’s tenure,” a magistrate revealed. “Since then, we’ve been consistently overlooked.”

Adding to their frustration is the ambiguity surrounding their classification. Magistrates are unclear whether they are considered civil servants or fall directly under the Judiciary. This uncertainty, they say, has led to their exclusion from both civil service salary reviews and the recent judicial remuneration enhancements.

“We were left out of the civil service review, and now we’re being left out of the judicial review,” one magistrate said. “It’s as if we’re orphans, belonging neither here nor there.” The magistrates emphasise that the Constitution of Eswatini defines the Judiciary as including the Supreme Court, High Court and all subordinate courts, including magistrate courts. They argue that they should therefore be included in any review of judicial officers’ remuneration. “We’re not asking to be paid the same as judges,” one magistrate clarified, “but the gap shouldn’t be so wide. There needs to be a fair and equitable recognition of our contributions.”

“We are part of the Judiciary, yet we are being treated as if we are not,” another magistrate stated. “We want to know why we are being consistently overlooked while others receive substantial benefits.”

Functioning

The absence of a functioning magistrates’ association further compounds their plight. The last such association, led by former Magistrate Leo Dlamini, has long since dissolved, leaving magistrates without a collective voice to address their grievances.

The recent announcements regarding the chief justice’s and judges’ benefits, including E800 000 for furnishing the chief justice’s residence, E400 000 for security upgrades and lifetime pension benefits, have highlighted the stark contrast between their treatment and that of magistrates. The magistrates feel that the focus on the highest levels of the Judiciary has left them feeling undervalued and neglected, and that they are in need of immediate and equitable consideration.

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