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NCMP Leong Mun Wai seeks clarity on judges’ remuneration following latest POFMA correction

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NCMP Leong Mun Wai seeks clarity on judges’ remuneration following latest POFMA correction


Non-constituency Member of Parliament (NCMP) Leong Mun Wai has called for enhanced transparency regarding the determination of judges’ salaries and allowances, following a recent correction direction issued under the Protection from Online Falsehoods and Manipulation Act (POFMA).

The call for transparency by the NCMP from the Progress Singapore Party was prompted by a POFMA correction direction issued on Wednesday (30 May) by Mr Edwin Tong, the Minister for Culture, Community and Youth and Second Minister for Law. This directive targeted Mr Jeyaretnam’s claims that the Prime Minister and the Minister for Law could influence the performance bonuses of High Court Judges.

The POFMA Office clarified, “The remuneration of Supreme Court Judges, including their bonuses, is determined by the Chief Justice within a legal framework established by the Judges’ Remuneration Act 1994, following guidelines set by the Legislature under Article 98(6) of the Constitution.”

Moreover, the correction direction addressed Mr Jeyaretnam’s assertions regarding the judicial appointment process, emphasizing that “Supreme Court Judges are appointed by the President, based on the advice of the Prime Minister, who consults the Chief Justice.” This process involves extensive consultations with various stakeholders in the legal community and beyond.

On his Facebook page, Mr Leong criticized the lack of detailed disclosure concerning the salary components of Supreme Court judges.

“The Correction Direction issued by the Minister for Law yesterday brought to the fore the issue of how judges are being remunerated,” Mr Leong wrote.

He elaborated that despite the legal provisions under the Judges’ Remuneration Act 1994 allowing for various allowances and privileges, the actual process by which these are determined remains opaque.

“Given that the total salary packages of the judges are likely to be much more than the $234,000 to $347,000 in annual pensionable salary stipulated under the Act, the Government should explain how the other components are actually determined,” he argued.

This request for transparency was linked to a parliamentary query by fellow NCMP, Ms Hazel Poa Koon Koon, who, in January, asked for specifics on the remuneration structure of Supreme Court judges.

In response, Minister-in-Charge of Public Service Chan Chun Sing detailed the components but did not provide insights into their determination.

“The annual salary package of a Supreme Court Judge consists of six components: gross monthly salary, Annual Variable Component (AVC), Non-Pensionable Annual Allowance (NPAA), Performance Bonus (PB), National Bonus (NB), and Judiciary Allowance,” Mr Chan who is also the Education Minister explained in a written response to Ms Poa.

Mr Chan further noted that the structure is the same as that of civil servants of the equivalent substantive grade and that the types of leave and medical benefits, including the retirement and death gratuity rates, are the same as that of civil servants of the equivalent substantive grade.

“The remuneration of judges has its own separate benchmark and is not linked to that of political office holders.”

The clarification from the POFMA Office stated that neither the Prime Minister nor any Minister can determine or influence the payments made to specific judges under this framework.

However, many have pointed out that Section 2(2) of the Judges’ Remuneration Act 1994 empowers the Minister to determine additional pensionable and non-pensionable allowances and privileges for Supreme Court judges. This provision stipulates that these allowances must at least match those received by public officers on the same pensionable salary. However, the Act does not specify the criteria or guidelines for these determinations, leading to potential ambiguity.

Following Mr Tong’s POFMA correction direction, Mr Jeyaretnam has since complied with the directions to insert the designated correction notice in his post. However, he noted in the comment section that he intends to appeal against the direction, as he had “merely asked a question.”



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