Government has decided to spoil judicial officers with a significant increase in salary and other benefits, making them some of the high earning public employees.
But despite the raise, Judicial officers—including judges, magistrates, and other officials with powers to facilitate and decide legal disputes—are still asking for more benefits such as the introduction of annual school fees allowance of K5 million per child, furniture allowance of up to K15 million and a monthly non-practising allowance of K2.5 million.
The new salary structure contradicts government’s own policy aimed at rationalising and harmonising remuneration in the public service.
A communication from the Clerk of Parliament to the Treasury, with a copy to Secretary to President and Cabinet and Attorney General, indicates that the new conditions of service are with effect from September 18 2024.
Reads the memo in part: “I have the honour to inform you that the National Assembly, sitting on 18th September 2024, determined some revisions to the condition of service for judicial officers pursuant to Section 114 [3] of the Constitution. I, therefore, forward a copy of the determination for your appropriate action.”
Under the new conditions of service, the Chief Justice has a salary jump of 35 percent from K5 million to K6.8 million per month.
Fuel allocation is set at 2 500 litres a month which is equivalent to K6.3 million, based on the prevailing pump prices.
The Chief Justice is also entitled to two drivers, two domestic workers, two ground labourers, cooks, chefs, free water and electricity as well as both private and public security officers.
The Deputy Chief Justice, on the other hand, has a 43 percent salary increase from K4.6 million K6.6 million per month.
Supreme Court justices have been allocated a 54 percent salary increase from K4.1 million to K6.3 million and High Court judges have a 38 percent adjustment from K3.7 million to K5.1 million. They also receive monthly fuel allocation of 700 litres and 500 litres respectively.
Besides the salary increases, judges are now entitled to a furniture allowance of K5 million every five-years, which is a negotiated amount. Housing allowance, which was revised last year, has also been adjusted upward with the Chief Justice entitled to K2.6 million, from K2 million, where government does not provide a house.
The Deputy Chief Justice is entitled to K1. 950 million from K1.5 million, justices of appeal get K1.560 million from K1.2 million and K1.3 million for High Court Judges from K1 million.
On the other hand, lower cadre judicial officers, from first grade to third grade magistrates, will receive a housing allowance of K780 000 from K600 000.
Other benefits
Judicial officers will also enjoy the luxury of purchasing a motor vehicle duty free every five years within a set threshold, a privilege extended to a few public officers such as the President and members of Parliament.
“Subject to applicable tax laws, a judicial officer…may purchase one motor vehicle duty free once every 5 years,” reads the new offer from government.
For grades above the chief resident magistrate, the approved maximum rates for a duty free motor vehicle is $19 998.50 or about K40 million. Lower grades are entitled to $17 133.07 and $14 277.56 for first and second grade magistrates.
A source at the Treasury said this offer took a lot of negotiation as the demand from the Judiciary to the Public Appointments Committee (PAC) “was out of this world”.
Other demands
For furniture allowance, the Judiciary is demanding K15 million for the Chief Justice, K14 million for Deputy Chief Justice, K13 million for Supreme Court justices and K8 million for High Court judges.
Lawyers in public sector receive a monthly non practising allowance of K500 000 which was revised last year from K350 000. But Judicial officers are demanding K2.5 million for the Chief Justice, K2 million for Deputy Chief Justice, K1.5 million for Supreme Court justices, K1 million for High Court judges, K800 000 for chief resident magistrate and K600,000 for principal resident magistrate.
“The condition of service for judges should consider the introduction of fees for the children. Three children per judge and K5 000 000 per child per year reads another demand.
In an earlier interview, Association of Magistrates in Malawi president Kondani Chinangwa said despite Parliament not approving all they are happy with the condition of service review.
“It’s not everything that has been approved, but since we are discussing, the judicial officers are okay for now with a hope that all conditions will be approved as stipulated by the constitution of the Republic [of Malawi],” he said.
Parliamentary Public Appointments Committee chairperson Joyce Chitsulo also justified the revision of remuneration for judicial officers, saying they were simply following constitutional provisions.
Section 44 (1) of Judiciary Conditions of Service states that they “shall be reviewed every three years.
