The Department of Justice and Constitutional Development has noted with concern that the Judicial Officers Association of South Africa (JOASA) has opted for an unprecedented industrial action that will see its members postpone criminal and civil trials that are enrolled before them on Monday, 18 March 2013. JOASA has further announced that the action will be escalated from 25 March 2013 if their demands regarding their remuneration are not addressed.
The department will continue to engage with JOASA to find an amicable solution with regard to the demands they have made. In the meantime, the department in conjunction with the State Information Technology Agency (SITA), is putting extra-ordinary measures to ensure that the salary adjustments of 5,5%, as approved by Parliament this week for 1 912 magistrates is implemented not later than 15 April 2013 and backdated to 1 April 2012.
The Magistrates Commission, in conjunction with the department, has put measures in place to ensure that services continue uninterrupted in all magistrates courts country-wide. As part of these contingency measures, Regional Court Presidents, Chief Magistrates and other Heads of the magistracy assisted by Court Managers, will monitor the courts and will make necessary arrangements for acting appointments where necessary to augment the judicial capacity which may arise due to the participation of JOASA members in the strike.
It should be noted that the employment conditions of magistrates are not governed by the Labour Relations Act and therefore any illegal industrial action is unlawful.
The Ministry of Justice and Constitutional Development wishes to apologise for any inconvenience that may occur and requests communities, parties and litigants who require justice-related services from the magistrates courts patient where they experience delays or confusion. Attempts will be made to restore normal services as soon as it is practically possible where such delays may occur. Judicial Heads of the Courts and Court Managers will be at hand to assist with inquiry or concern related to non-delivery of services at any affected court.
