The Independence of the South African Judiciary
Independence of the South – African judiciary
INDEX 1. Introduction 3 2. The separation of powers and checks and balances 4 3. Problems with judicial independence 6
Bibliography 8
The Independence of the South African Judiciary 1. Introduction
The concept of judicial independence is as old as constitutionalism itself. Judicial independence is “the capacity of the courts to perform their constitutional function free from actual or apparent dependence upon any person or institutions, including, in particular, the executive arm of government, over which they do not exercise direct control”.
During recent years there has been considerable controversy surrounding the judiciary in South Africa, especially recently over the five judicial reform bills released by the Minister of Justice in December of 2004. In the pre-1994 South Africa, courts didn’t have the capacity to challenge the substance of a new law or Act; only the procedure could be disputed if a new law or Act came to life without the proper steps being followed. The House of Parliament was considered sovereign and all other government institutions subservient to it. The independence of the judiciary is one of the core values that the African National Congress fought for, in order to ensure that there would be a system in place that could evaluate and deliver reckoning not only on the behaviour of the everyday citizen, but the ensure that there is a power or system sovereign to that of government that could independently review the laws it instils and direct power equally between the different branches and levels of government.
In South Africa, the legacy of apartheid is still felt and transformation of society continues to be a key point of debate. In the past 18 years, the transformation of the South African judiciary has progressed rather rapidly: race diversity has improved, judges have promoted constitutional values and courts have made
INDEX 1. Introduction 3 2. The separation of powers and checks and balances 4 3. Problems with judicial independence 6
Bibliography 8
The Independence of the South African Judiciary 1. Introduction
The concept of judicial independence is as old as constitutionalism itself. Judicial independence is “the capacity of the courts to perform their constitutional function free from actual or apparent dependence upon any person or institutions, including, in particular, the executive arm of government, over which they do not exercise direct control”.
During recent years there has been considerable controversy surrounding the judiciary in South Africa, especially recently over the five judicial reform bills released by the Minister of Justice in December of 2004. In the pre-1994 South Africa, courts didn’t have the capacity to challenge the substance of a new law or Act; only the procedure could be disputed if a new law or Act came to life without the proper steps being followed. The House of Parliament was considered sovereign and all other government institutions subservient to it. The independence of the judiciary is one of the core values that the African National Congress fought for, in order to ensure that there would be a system in place that could evaluate and deliver reckoning not only on the behaviour of the everyday citizen, but the ensure that there is a power or system sovereign to that of government that could independently review the laws it instils and direct power equally between the different branches and levels of government.
In South Africa, the legacy of apartheid is still felt and transformation of society continues to be a key point of debate. In the past 18 years, the transformation of the South African judiciary has progressed rather rapidly: race diversity has improved, judges have promoted constitutional values and courts have made
Bibliography: Literature Hoexter C ″Administrative Law in South Africa” 2nd ed (Juta Cape Town 2012) Rautenbach IM and Malherbe EFJ Constitutional Law 5th ed (Lexis Nexis 2009) Case Law The Promotion of Administrative Justice Act, 2000 (Act 3 of 2000) Constitution of the Republic of South – Africa [ 5 ]. The Promotion of Administrative Justice Act, 2000 (Act 3 of 2000) [ 6 ]