An affidavit by the institution’s Ivan Cox cited that Ramaphosa had failed to approve and publish the determination, thus it had not been put before Parliament for enactment.
“If, for example, the president and Parliament were to approve and publish a determination by July 1 this year – seemingly the very earliest date, given the ongoing delays – that would mean that the increases could only take effect by July next year,” he said. He added that the delays were detrimental to the magistrates because they have not received any increments as yet.
He also lamented that, for each day that the delays persist, magistrates are losing an increase in their remuneration.“In sum, the applicant’s members and all the regional and other magistrates will suffer irreparable harm the longer the president and Parliament take to make, approve and publish a determination.
“Unfortunately, due to the same conduct this year, the applicant is required to approach the court for relief,” he said.I submit it is simply unreasonable to delay in making a determination for such a lengthy period. The president has failed to provide an undertaking to make a determination – indeed the date by which the applicant sought an undertaking that the determination would be published has come and gone.