Paying judges low salaries could impact judicial independence: International Association of Judges

CAPE TOWN - The International Association of Judges (IAJ) says it’s concerned South African judges are not being sufficiently remunerated, and it could impact the independence of the judiciary.

Magistrates, meanwhile, have not received salary increases for the past two years and threatened to go on strike earlier this year.

Last week, Parliament’s justice committee finally approved a presidential determination of a 2.5% increase in the salaries for judges and a 4.5% increase for magistrates for this financial year.

This includes a 3% backdated increase for 2023.

However, judicial watchdog Judges Matter said the below-inflation increases will also make the bench an unattractive career choice for aspiring legal professionals.

In a statement from the IAJ, issued on behalf of the Judicial Officers Association of South Africa, its presidency committee has stressed the primacy of judicial independence.

Based in Rome, the IAJ represents the judicial associations of more than 90 countries.

It said the remuneration of judges must be reviewed sufficiently and frequently to allow their salaries to remain on par with other government officials.

The change in government in May, and the prolonged parliamentary recess that followed has caused further delays in approving the increases for judicial officers referred by the president to Parliament in May.

Mbekezeli Benjamin from legal non-governmental organisation Judges Matter is calling for a comprehensive review of judges' and magistrates’ salaries.

“We are concerned that these increases do not address the erosion of judicial officers’ incomes over the last five years. We fear this threatens judicial independence and weakens our judiciary.”

Parliament’s justice committee chairperson Xola Nqola said the disparity between the remuneration of magistrates and judges must be closed through a single remuneration system for the judiciary.