Magistrates protest over meagre salaries

By Confidente Reporter
EIGHTEEN entry-level magistrates have complained about their paltry salaries at N$10 249 a month after deductions saying that such a reality compromises their ability to administer justice fairly and independently.
The magistrates recently wrote a lengthy letter to the Office of the Judiciary which was also copied to Chief Justice Peter Shivute, his deputy Petrus Damaseb, the Magistrates Commission’s Chairperson Nate Ndauendapo and his deputy Harris Salionga.
“We came to the realisation that the salary of an entry-level magistrate is N$191 878 per annum. This basically means that the fragmented monthly salary is N$15 989.83. The said salary is subject to tax deductions in the amount of N$4 268.39; medical aid in the amount N$240; social security in the amount N$81; GIPF in the amount N$1151.15. For that reason, the total deductions of an entry-level magistrate amounts to N$5 740.54. This basically means that the net pay of an entry-level magistrate is N$10 249.29,” the letter reads.
In the letter, they go on to say that although they get taxable housing and vehicle allowances at N$4 000 and N$5 513.73 respectively, reality is that they cannot afford to buy cars they are compelled to get within six months and many are reduced to renting out backyard flats.
“…We seriously believe that this is a move to bond us if not to place us in further debts… We believe the policies governing the allowances should be revisited in that we must not be compelled to buy vehicles and houses in light of inadequate remuneration.
“…In intensification, the taxable housing allowance of N$4 000 per month does not qualify us to purchase houses. It is common cause that the housing rates in this country is a dilemma… It is disconcerting to apprehend that the Magistrates Commission is seemingly unaware of the costs of houses and rental fees in Namibia. The situation is so unprincipled and dreadful that most of us as judicial officers are reduced to backyard flats leaseholders.”
The magistrates also questioned the difference in salary structures and hierarchy at the commission saying they do not understand why principal magistrates earn 48 percent more than they do although their duty schedules are similar.
“A senior magistrate earns N$369 731 per annum while a principal magistrate earns N$581 971 per annum. This basically means that a principal magistrate earns 48 percent more than an entry-level magistrate and 37 percent more than a senior magistrate. We do not appreciate the difference in the salary structures. We moreover do not understand why such a difference in salary structure is permitted given the fact that we possess higher educational qualifications than most principal magistrates. The truth is there is no compositional nor functionary difference amongst magistrates.”
They also complained about how the system was quick to amend the salaries of judges by 30 percent translating to over N$1 million a year while their plight was ignored.
“This means that a judge of the High Court earns 72 percent more than an entry-level magistrate. What is perplexing is that the judges’ amendments were affected just after the establishment of the Office of the Judiciary to which we all belong. Does it then mean that the financial security component of the notion of independence of the judiciary only applies to Judges? Or does it mean that is only them (judges) who are affected by inflation rates.
This disparity cultivates thoughts suggesting that the Magistrates Commission feasibly does not have the interests of magistrates at heart. That suggestion makes sense if one considers the Magistrates Commission is fast to suspend Magistrates for misconduct while employees’ welfare is never measured.”
To add salt to injury, the magistrates also questioned the commission’s reluctance to recognise and appreciate their experience and educational qualifications. “It is harmful to learn that being in possession of a Masters of Laws (LLM), Bachelors of Law (LLB) and Baccalaures Juris Degree and being an admitted legal practitioner is insignificant in the eyes of the Magistrates Commission. This is evidenced by the facts that there are those as entry-level magistrates with LLM as their qualifications but are yet to receive appreciation. The harmful reality is that we are trapped in the same rank for three years regardless of our educational qualifications and performances… We ask ourselves does the Magistrates Commission not support capacity building? We take it that being subject to promotional interviews, makes us more amenable to pressures of persuasion in an attempt to back relationships.”
Meanwhile, the Commission’s Deputy Chief Magistrate Salionga Tuesday told Confidente that his office received the letter and that they are working on it.