Question NW2199 to the Minister of Justice and Correctional Services

Reply:

a) As at 30 April 2022, the total number of permanently appointed magistrates, excluding temporary/acting magistrates and vacant posts, is as tabulated below:

Post Class	Number
Magistrate	1 257
Chief Magistrate	16
Regional Magistrate	326
Senior Magistrate	124
Regional Court President	8
Grand Total	1 731

b) In responding to this part of the question, it is important to draw the Honourable Member’s attention to section 13 of the Magistrates Act, 1990 (Act 90 of 1993), which provides that a magistrate shall vacate office when attaining the age of 65. This section was amended with effect from 1 December 2017, and a magistrate holding office may, before attaining the age of 65 years, in written notice to the Magistrates Commission, indicate his or her intention to continue to serve in such office for such further period specified in the written notice: Provided that a magistrate must vacate his or her office on attaining the age of 70 years.

The table below provides the number of magistrates who will reach retirement age within the next five (5) years (only permanently appointed magistrates):

(i) Per age group:

Row Labels	Count of Age
60	70
61	57
62	46
63	53
64	31
65	18
66	23
67	10
68	5
69	11
Grand Total	324

(ii) Per Post Class (permanently appointed magistrates between 60 and 69 years of age)

Post Class	Number
Magistrate	179
Chief Magistrate	10
Regional Magistrate	96
Senior Magistrate	35
Regional Court President	4
Grand Total	324

c) The latest information at our disposal in respect of funded posts for magistrates in the Republic is contained in the table below:

Post Class	Approved Posts
Special Grade Chief Magistrate	1
Chief Magistrate	21
Senior Magistrate	162
Magistrate	1 456
Regional Court President	10
Regional Magistrate	386
Grand Total	2 036

d) In terms of section 9(3) of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), the Minister may appoint any appropriately qualified, fit and proper person as an acting magistrate after consultation with the Head of the Court concerned in any vacant Office of Magistrate. In practice, the Chief Magistrate or the Regional Court President will submit applications to the Deputy Minister, as the delegated authority by the Minister, for consideration of appointment of an acting Magistrate in the vacancies that still need to be filled. Acting magistrates are therefore appointed in all the vacant offices where applications are submitted by the Regional Court President or the Chief Magistrate in his or her area of jurisdiction. Acting Magistrates are also in posts where the incumbent Magistrate is acting in a higher position such as an acting Judge, acting Chief Magistrate or Senior Magistrate, etc, for appointment in posts where a Magistrate is on leave, for appointment where a Magistrate is suspended or in the funded case backlog courts. The acting appointments are generally made for a period of three (3) months at a time where-after the acting Magistrate may be re-appointed as the need exists. During the period of 1 April 2021 to 31 March 2022, the Deputy Minister appointed 2 251 acting Magistrates for the reasons mentioned above.