Magistrates’ Association challenges government powers over salaries in court

The application by the Magistrates’ and Judges’ Association, which challenges the government’s role in determining magistrates’ salaries, allowances, and other conditions of service, is before court today for a case management conference. The government respondents missed a court deadline to hand over requested documents, but the parties have agreed to give the respondents an extension until November 26 to file their response. The association argues that certain provisions of the Magistrates Act grant the executive branch powers that, under the Constitution, should reside with the Magistrates Commission. It asserts that while Parliament may regulate how the Commission carries out its functions, it cannot delegate those responsibilities to the executive branch. The association is asking the court to declare parts of the Magistrates Act invalid. The matter is being opposed and is heard by Judge Shafimana Ueitele.  

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