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."