AfriForum supports part-time magistrates in legal battle
AfriForum has joined in the legal battle of a former acting regional magistrate of Middelburg, Mpumalanga, Mr Derick van Wyk, against a draconic measure used by the Minister of Justice to discriminate against acting magistrates.
A full bench of the North Gauteng High Court will hear an appeal by the Minister of Justice today against an earlier ruling in favour of Mr Van Wyk. AfriForum is covering the legal costs of Mr Van Wyk's opposition to the appeal.
Mr Van Wyk succeeded in December 2010 with an urgent court application to prevent the Department from cutting his salary by 40%. At the time, the Department implemented this drastic step by means of a notice in the Government Gazette, wherein President Jacob Zuma announced that part-time magistrates may earn only 60% of the salaries earned by full-time magistrates. Part-time magistrates also do not qualify for leave or pension benefits.
"Due to the sluggishness of the Department to make permanent appointments, acting magistrates are appointed for three months at a time. In some instances, magistrates have been acting for as long as 9 years, with none of the benefits afforded to permanent magistrates. They are unable to question the status quo because they risk losing their only income, as Government can decide not to renew their contracts," Willie Spies, legal representative of AfriForum said.
"Although Mr Van Wyk succeeded in his court application, the Department did not renew his contract and he had to start practicing as a lawyer again. Mr Van Wyk has in effect been punished by the Department as he dared to speak out against blatant discrimination by the Department."
Mr Van Wyk acted as a magistrate in the Regional Court in Middelburg from May 2009 until 2011. His line manager gave him a positive testimonial and supported a permanent appointment, but the Department nevertheless refused point blank to appoint him on a permanent basis.
"Even though the Department ended Mr Van Wyk's contract, it still embarked on the appeal process against the ruling by Judge Ferdi Preller in his favour. Apparently the Department is concerned about the precedent created by Judge Preller's ruling," Spies added.
According to Spies, the situation is unacceptable and AfriForum decided to assist Mr Van Wyk in opposing the Department's appeal. Mr Van Wyk gave up his job as a legal expert at a large company in 2009 to accept the contract appointment as a magistrate with the expectation that a permanent appointment would eventually follow. Despite his positive performance, he has now lost his rights as well as 40% of his salary.
"It borders on the ridiculous that Government appears to be so strongly opposed to labour broking and contract appointments in the private sector, and then employs the exact same practice with their magistrates who have to play such a crucial role in the legal system."
Statement issued by Willie Spies, Legal representative, AfriForum, September 11 2013
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