Cape Town - Persistent delays by the Independent Remuneration Commission (IRC) have frustrated the Lower Courts Remuneration Committee (LCRC), with calls for urgent address and accountability.
The portfolio committee on justice and constitutional development was briefed on the Draft Notices on the determination of salaries of magistrates, when the matter was raised on Friday.
LCRC chairperson, Modibedi Djaje, said the challenge faced by the committee was the low morale of the magistracy, in that every year, they faced the same problem of delays by the IRC of its submissions to the president over salary adjustments.
“This delay is unacceptable. We are fully aware that the IRC is an independent body established by the president because it is the IRC that recommends to the president.
“But I do not think that the IRC can hide behind their independence and not discharge their mandate on a yearly basis,” Djaje said.
“Something has to be done to improve the way the IRC deals with its recommendations on a yearly basis because it is really frustrating and that is why the morale of the magistracy is very low.”
An example of another delay was the IRC’s major review report, which is yet to be finalised, which Djaje said had started more than ten years ago.
“Our responsibility as judicial officers is to ensure that we dispense justice without any delay. It is really not our responsibility to come to Parliament and plead our case every year that there is a delay in determining the salaries of judicial officers because of the delay that is caused by the IRC.
“The IRC should in some ways be held to account. Otherwise this thing will not stop. We cannot have a situation where salaries are delayed for more than a year.”
During a conference last year, Djaje said some recommendations had been that a separate committee be formed and tasked with the salaries of judicial officers only.
“It appears to me that the IRC is highly overburdened with work, either they don’t have personnel, and the period of tenure of commissioners is also very short.
“Their tenure is about five years. Each time new members come in, they’ll have to start afresh and acclimatise themselves with the workings of the commission.
“Perhaps that is the other reason why this thing is causing a delay in terms of finalising their reports that must be submitted to the president on time.”
LCRC member and Judicial Officers Association of South Africa (Joasa) president Neelan Karika said: “The IRC has really let us down. Had they been doing their job properly, effectively and ensuring that the comparisons are correct, then we would not need to be here.”
Former public protector and committee member, Busisiwe Mkhwebane, said: “This needs to stop because surely it's a glaring maladministration, it’s incompetence at its highest regard because there is a trend.”
As the public protector, her office had met with the IRC twice, and based on her interactions with the IRC, she said she was concerned about their administration.
Cape Argus