Magistrate Career Description
Magistrates are employed in the judicial authority of the government. There are approximately 550 magisterial districts in South Africa. Each district has a magistrate's court staffed with magistrates who exercise their duties as guardians of law and order in their communities and in keeping the peace between the inhabitants of their districts.
Magistrates are not civil servants. They are independent and perform their duties without any interference from the government.
What am I going to do in this occupation?
Magistrates act as presiding officers in criminal and civil cases. This they do either in the Magistrate's (also called district) court or the regional court. District court magistrates also have to look after administration of the law in their districts.
Presiding Officer
Magistrates, like judges, preside over both civil and criminal cases. In criminal cases they are required to ensure that both the prosecutor and the defence attorney comply with strict rules so that an accused person gets a fair trial. They listen to the evidence from both the state witnesses and the accused and their witnesses and then has to decide whether the accused is guilty or not. If the accused is found guilty, the magistrate will sentence the accused.
In disputes between two persons or two corporate bodies or a corporate body and a person, called civil cases, the magistrate will likewise listen to the evidence of both parties and then decide who is right. The magistrate will then make an order, called a civil judgment, which is aimed at restoring the position between the two parties to what it was before the dispute arose. This may be to pay damages to the other party or to refrain from certain conduct.
Once magistrates qualify to be appointed as regional magistrates and are appointed their duties are primarily to adjudicate in serious criminal cases such as rape, fraud, murder and culpable homicide. Every region consists of a number of magisterial areas.
District administration
In the smaller offices the magistrate performs a variety of administrative functions. In many offices the magistrate acts as an agent for other state departments such as Internal Affairs, Forestry and Water Affairs, etc. This means that magistrates, in amongst others, act as registrar of births and deaths, they marry people and also administer deceased estates.
Requirements
What kind of personality do I need?
Good human relations, impartiality,
decisiveness, honesty and integrity, good communication skills, tactfulness and compassion are important qualities.
Magistrates' judicial integrity should be beyond question and they must at all times uphold the law. The communities in which they serve must have confidence in them and must respect them.
Where can I work?
Magistrates are employed right throughout any country. In very small offices there are usually only one or two magistrates. Larger centers have many magistrates.
Can I work for myself in this occupation?
In this occupation there exist no selfemployment opportunities, because magistrates work under the Magistrates' Commission.
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