Hon Chairperson, on 20 August 2012 the hon President submitted a notice in terms of section 2(1)(a) of the Judges' Remuneration and Conditions of Employment Act, Act No 47 of 2001, setting out the remuneration of Constitutional Court judges and judges, as adjusted by 5,5% with effect from 1 April 2012. We recommend to this House the President's determination of remuneration of Constitutional Court judges and judges and ask for this House to approve it.
As part of our report to this House, we also have the President's determination of remuneration of magistrates in terms of section 12(1)(a) of the Magistrates Act. The remuneration of both judges and magistrates is determined by the Independent Commission on the Remuneration of Office Bearers, whose recommendations serve before the President.
In the case of magistrates, the independent commission recommended an increase of 7%. This recommendation was considered by the President and reduced to 5,5%. The magistracy took this decision by the President to the High Court. Recently, the North Gauteng High Court handed down its decision, calling on the President to rethink his decision. Simultaneously, the portfolio committee has been inundated with requests to address the committee on this matter. The Portfolio Committee on Justice has resolved to hear members of the magistracy and to also engage with the independent commission.
However, we sound a warning: The portfolio committee is not - I repeat, is not - an appeal mechanism in this matter. All we have agreed to do is hear the magistrates and engage with the independent commission in order to understand their respective views. In our view, the determination of remuneration of magistrates is correctly located where it is. [Applause.]
There was no debate.