Magistrate

Job overview
Magistrates are the guardians of law and order in their communities, and it is their duty to keep the peace between the inhabitants of those communities.

The current concept of magistrate has evolved from a centuries-old tradition in which men of status and good standing in a community were empowered to examine certain cases in the local court and pass judgement, subject to certain limits.

Nowadays magistrates are employed in the judicial authority of the government and must have full legal training and qualifications.

They should be able to exercise their judgement independently and without interference from the government.

What do people do in this occupation?
Magistrates act as presiding officers in criminal and civil cases.

This they do either in the magistrate's court or the regional court.

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 have to decide whether the accused is guilty or not.

If the accused is found guilty, the magistrate will sentence the accused.

In 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 more serious criminal cases, but there are limits to their authority and they may have to refer very serious cases up to the high court.

Regional administration?
In the smaller offices magistrates perform a variety of administrative functions e.g. ?acting as registrar of births and deaths, marrying people and administering deceased estates.

What kinds of people are suitable for this career?
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.

What qualifications are needed?
Today magistrates will all have qualified as legal practitioners, with university law degrees.