Criticism was triggered by one of my previous articles calling for the improvement of working conditions for Judges and other judicial officers but, I am happy to learn that Government responded positively hence the reported looming salary increment for Judges and other judicial officers.
Perhaps let me state that, being a Judge, Magistrate or any other influential position within the justice system comes with a huge responsibility in the administration of justice and therefore, expecting judicial officers to perform their duties while on the other hand, Government demonstrates reluctance to address issues impacting their welfare is not only unjust but, demonstrate the lack of a political will to promote and uphold the rule of law.
Judges must be paid decent salaries and drive reasonable cars that be-fit their status in society, we can’t have Cabinet Ministers buying themselves expensive cars with public funds while Judges who provide services to the Nation are neglected.
With this article, I am not promoting extravagant spending in the public administration but, we can’t have public servants who provide services to the people living in poverty while politicians use taxpayer’s money to award themselves benefits.
Judges must be taken care-of and,their standard of living should not be far lower than other Judges in the region.
As the situation stands, the Judiciary is operating without the Judicial Service Commission(JSC) and as a result, Acting Magistrates, Commissioners, Master of the High Court Assistants and other judicial officers “whose positions are key in the administration of justice are without employment contracts because the Commission that should be facilitating same is yet to be appointed”.
It is imperative to state that, despite the challenges within the justice system amid rampant corruption and/or abuse of power under the administration of Chief Justice Bheki Maphalala, the Judiciary should not be neglected.
This is an Arm of Government and it should not be neglected as a punishment for the wrongs allegedly committed by the Chief Justice, however, this country has a tendency of personalizing issues instead of being objective.
As the media, it is our duty to expose and condemn alleged corruption in the Judiciary and, advocating for the welfare of Judges and other judicial officers forms part of our duties to inform and influence decision for the development of this country.
A fair, effective and independent justice system attracts Foreign Direct Investments(FDIs) for social and economic development and there’s no way the Executive could develop this country while neglecting the courts.
We want to criticize and hold Judges accountable knowing that, they are well-paid and therefore, they must execute their duties with honesty and integrity and refrain from engaging in corruption.
Indeed, wrongs allegedly committed by the Chief Justice in his personal capacity and/or as the Head of the Judiciary, must be handled in a manner that does not frustrate the operations of the Judiciary.
Judges and Magistrates are underpaid in this country compared to other judicial officers in the Southern African Development Community(SADC) region and, Government has adopted a tendency to engage Clerks as volunteers for two(2) years and sometimes five(5) years before engaging them on full-time employment, this is absolutely wrong.
The Executive Arm of Government must not pretend as if it’s a favour to provide resources to the Judiciary, it’s an obligation and the courts must be provided with well-paid human resources.
Writing a judgement requires legal research, intellectual and cognitive skills and, for urgent matters, some Judges would hear arguments and deliver judgments in a week only to be paid peanuts by a Government that claims to be committed in promoting and upholding the rule of law.
Acting Magistrates are without contracts and this is affecting suspects who are languishing in jails, some did not commit any crime but were arrested based on reasonable suspicion, they are suffering as a result of a non-competent Government that fails to permanently employ Magistrates.
The economic situation in this country amid closure of companies and job losses suggests that, the possibility of a surge in criminal activities that include theft, Gender Based Violence(GBV), fraud and corruption cannot be ruled-out.
This means,there would be a great demand for an effective police service, Magistrates, Judges and other judicial officers.
But alas, we have a Government with no capability to address issues of national importance, this new culture of subjecting highly qualified judicial officers to “kuhlehla” must be stopped.
Judge Mbutfo Mamba.