As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
The Cape Argus reported on Friday that Cape Judge President John Hlophe, who is on leave pending an investigation into allegations of gross misconduct against him, will be earning R1.4 m annually following the 11% increase for all judicial officers. The pay increase, which was gazetted last week, will be backdated to 1 April.
The tone of the report (not available online) suggests that this is a bad thing. I disagree.
Judges must be paid a decent salary to ensure their independence and impartiality and to ensure that high quality lawyers make themselves available for selection to the Bench. Over the past ten years the salaries of judges have actually decreased in real terms while the need to attract good lawyers to the Bench from designated groups have increased.
This is no excuse for the Oasis debacle, but perhaps the Judge President would never have gotten himself in such a terrible ethical fix if he had been paid a salary commensurate with his position.
For us ordinary folks who slave away for less money, this might sounds like a high salary, but it is a small price to pay to safeguard against corruption on the Bench and to ensure that the quality of those who apply for positions on the Bench do not decrease so fatally that justice will not be able to be done in any way.
While I am of the opinion (along with about half the members of the Judicial Services Commission) that Judge President Hlophe should have faced an impeachment hearing because of his unethical entaglment with the Oasis group, I do not begrudge judges relatively decent salaries.
I suppose the state must realise “you get what you pay for” and if the state fails to pay judges well the administration of justice will deteriorate even further and we will all be worse off. So, even though a few cents of my taxes are going to the salary of John Hlophe, I am paying it with a smile on my face.BACK TO TOP