Durban magistrate reveals daily struggles and safety concerns

AFTER decades of silence, a veteran magistrate has spoken out about crumbling courtrooms, personal safety risks, and financial hardships that are driving professionals from the judiciary.

Her testimony reveals a justice system on the brink of collapse.

The 59-year-old Durban magistrate, who will not be named for fear of victimisation, said a day in her life was not as easy as one would think.

“It was a culmination of challenges that led me to join the picket during our lunch break to highlight the disparities, so that the upcoming generation of magistrates do not face the same problems that we do.

“I work in difficult conditions and my safety has been breached many times, because our safety is not given priority. We walk among the public in court and we do not earn enough to live in secure homes. We live in communities where we deny bail to alleged perpetrators of crime,” she said.

“The question is, who is choosing to neglect us? We are the judiciary and we do 95% of the work. Who wants the judiciary to collapse? It goes deeper than these issues. Who wants this country to not have law and order?”

The Reservoir Hills resident, who has been a magistrate for 24 years, said for far too long magistrates had been quiet about their challenges not being addressed.

“We did not want to do this but it has come to this. We face victimisation from bosses, and bullying in the workplace. We do not know what awaits us after we picketed, and there will be victimisation, but enough is enough. 

“Tomorrow I can take my money and leave (retire), but there is a whole generation coming forth who will experience what we had endured if we do not fight for what is important and right, and that is the upliftment of the entire judiciary.

“I do not want them to be like us and not get the perks they deserve. A day in my life is filled with its own challenges. We are governed by norms and standards, and we rely on a host of role players to work effectively.

“We are required to be on the bench at 9am, but quite often, not all role players are there, or there is no interpreter, or machines are not working. My office chambers were flooded three years ago, and it still has not been repaired, despite numerous contractors working on it,” she said.

“Where I sit and write inside the courtroom itself, the floor is sinking. The roof is crumbling and the dust falls onto my clothes. My chambers bathroom facility is unusable and I am forced to use the public toilets.

“I do not have a telephone line or internet connectivity and there is usually no cellphone reception. To avoid the public toilets due to safety reasons, I encroach another private bathroom, and kitchen for water to have tea. I still walk in the public when I leave my temporary  chambers.

“I have been followed by people and I have to conceal my gown when I walk with the public. It is a safety risk. One day, somebody was in chambers and their hands were already on my purse when I walked in. 

“When I worked at the bail court, there were random vehicles parked outside my house. As magistrates we are not safe, we are exposed. There are certain things we cannot do because of the nature of our job, which does not allow us to be in public,” she added.

She said the job was challenging as it affected how they lived and where they went.

“Safety is one of the priorities, but most of us cannot even afford proper safety measures due to affordability. Our workload has escalated, but our pay has not increased in the last 17 years. Our jobs have become very stressful, and it looks like a cushy life, but it is a humbling and difficult job.

“People responding to news of the strike and saying that we earn much more than others need to understand the challenges. It is not a lot of money. Some sit as fat cats and some who are performing are not safeguarded. You have to be emotionally and physically fit to do the job. 

“We walk long distances, and I get breathless walking to the court. We are getting older, and we have to keep fit to keep up with the job. The job eats into our personal time as we do research at home because of the lack of facilities or time during the work hours. Researching and preparing judgements are mostly done at home. Our work does not stop at work. We also face emotional trauma,” she said.

She said many of her colleagues see psychiatrists due to the challenges, especially the younger generation of magistrates. 

“It is a shock to their system. The pay has not increased despite inflation, and many of our colleagues are either under debt review, or are leaving the profession to take their money and pay off debt.

“It is a sad state of affairs. We chose the profession but passion is not enough. Without any perks, it is difficult to retire. We would not be able to survive. Many retired magistrates have come back for contract work or to look for other work in the judiciary due to financial challenges,” she said.

“We are being belittled, undermined, and overworked. We cannot live a state secure life. Judges get a salary for life, medical aid, car allowances, and their money does not go into a pension fund. Our money goes into the Government Employees Pension Fund and will be taxed. We cannot afford to service our cars or buy tyres. 

“In Pakistan and India, magistrates are afforded secure housing, and they are safe. We leave home feeling nervous. We are even nervous at home. We need change. We hope that our voices are heard and that change comes,” added the magistrate.

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