Issue 02 already prints a member. Magistrate Tebogo Mokgatle’s analysis of Twai and Molefe sits with the case-law drawer. Issue 03 will print more. That is a promise. Attorneys, advocates, prosecutors, magistrates, traditional leaders, academics and court staff are invited to send: a short article (1,000–1,800 words); a published piece with the original citation; a letter of 400 words or less; a quiet note about the mental cost of a particular roll, which we will anonymise
unless you ask us not to. Email president@judicialalliance.org with the subject line BENCH 03. We edit for length and for the rule that we do not try a colleague in these pages. We do not edit out feeling.
You know you sit in a Magistrates’ Court when…
The spoliation affidavit arrived at 08:25 and forgot to mention the children. ☐
You have explained ante omnia to three different practitioners before tea. ☐
A live commission is on the television in the common room and a live docket is on your roll. ☐
Your pay slip and a High Court pay slip have been compared on a notice board, kindly. ☐
The recording machine has a personality, and today it is in a mood. ☐
Rocky and Rani have more composure than the 09:00 roll. ☐
Write your own: ________________________________________________
The little law quiz — answers on the last page
1. The Independent Commission for the Remuneration of Public Office-Bearers is created under s219 of the ☐ Constitution s174 s33 ☐ ☐
2. Magistrates’ remuneration notices are approved by Parliament under s12 of the Magistrates Act 90 of 1993 the ☐ ☐ Judges’ Remuneration Act only a Treasury instruction ☐
3. The two requirements of the mandament van spolie are stated in Yeko v Qana Makwanyane Certification ☐ ☐ ☐
4. Ngqukumba holds that spoliation never lies against the police lies even against the police where the seizure was ☐ ☐ unlawful depends on title ☐
5. A magistrate’s gazetted 2025 package is R1,209,303 R2,194,917 R3,376,765 ☐ ☐ ☐
6. The Madlanga Commission’s final report is presently due on 16 November 2026 31 August 2026 6 July 2025 ☐ ☐ ☐
7. True or false: an ex parte spoliation is a final order on ownership. True False ☐ ☐
8. The recusal test of the reasonable apprehension of bias comes from SARFU Dodo Glenister II ☐ ☐ ☐
Crossword
Fill it in ink. Photograph the page. Send it to president@judicialalliance.org. We will print the neatest grid in Issue 03, anonymously unless you ask us to name you.
Across
1. Leading case that magistrates are judicial officers (3,6) — ___ v The State
5. Where a magistrate sits (5)
6. The judicial officer this newsletter is for (10)
8. A constitutional ethic of shared humanity (6)
9. JASA’s preferred interlocutory relief before 09:00 (3)
11. Chair of the criminal-justice commission (8)
Down
2. Short name of the possessory remedy (6)
3. This alliance (4)
4. Monday’s list (4)
7. Informal initials for the Remuneration Commission (3)
10. Constitution chapter-8 provision on judicial authority (7)
What would you do?
A spoliation is brought ex parte at 08:25. The affidavit says the respondent changed the locks. It does not say that an eviction application was issued last month, or that two children sleep in the back room. You are not the head of office. Circle one, then write two lines.
A. Grant, and sort it out on the return day.
B. Refuse to hear it ex parte. Set it down on notice for the afternoon.
C. Call the attorney in and ask, on the record, what was left out.
D. Something else: _________________________________
Your two lines:
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