Judicial Independence In South Africa
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The Judiciary In South Africa
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Author : Cora Hoexter
language : en
Publisher: Juta and Company Ltd
Release Date : 2014
The Judiciary In South Africa written by Cora Hoexter and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Administrative responsibility categories.
Offers a detailed account of all the most important aspects of the judiciary in South Africa, both now and in the past. Provides a general survey of the judiciary as an institution.
Judicial Independence In South Africa
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Author : Karin Lehmann
language : en
Publisher:
Release Date : 2006
Judicial Independence In South Africa written by Karin Lehmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Judicial independence categories.
Judicial Independence In South Africa
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Author : Lunga Khanya Siyo
language : en
Publisher:
Release Date : 2012
Judicial Independence In South Africa written by Lunga Khanya Siyo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
The Independence Of South African Judges
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Author : Lunga Siyo
language : en
Publisher:
Release Date : 2016
The Independence Of South African Judges written by Lunga Siyo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU) in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC) for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary by government are also a source of great concern. These challenges could and should be construed as threats to judicial independence, and need to be comprehensively and properly addressed.
The Judicial Institution In Southern Africa
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Author : Linda Van de Vijver
language : en
Publisher: Siber Ink
Release Date : 2006
The Judicial Institution In Southern Africa written by Linda Van de Vijver and has been published by Siber Ink this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This stidy seeks to assess the formal provisions of the law regulating the appointment and conditions of service of judges across eleven legal systems in southern and east Africa, against a framework of idea principles. The chapters reveal an unevenness in the law and the practice relating to judial service, and rrecommendations for improvements are made.
The Independence Of The Judiciary And The Rule Of Law
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Author : Frederick W. Jjuuko
language : en
Publisher:
Release Date : 2005
The Independence Of The Judiciary And The Rule Of Law written by Frederick W. Jjuuko and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Judges categories.
Papers from a regional workshop held in Kampala on 14 April 2005.
The Judiciary In South Africa
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Author : Penelope Andrews
language : en
Publisher:
Release Date : 2008
The Judiciary In South Africa written by Penelope Andrews and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
In this chapter I explore judicial independence and legal transformation in South Africa. My central thesis is that judicial independence is one of the key ingredients to ensuring that the transformative possibilities embodied in the Constitution become a reality for the majority of South Africans. Despite widespread approval of the principle of judicial review amongst legal scholars, many have warned that an unelected body sitting in judgment of the powers and functions of elected representatives may erode the basic tenets of democracy. This is particularly so in the case of economic or social policy where courts in their judgments may be at odds with the executive, the legislature and popular sentiment on these matters. Two issues that come to mind are the death penalty and procedural rights for the criminally accused, where evidence suggests that the Court's judgments are not viewed favorably by significant sections of the population. I argue that because of the lingering effects of authoritarianism, racism, sexism, and other forms of prejudice - cultural by-products of colonialism and apartheid - an independent judiciary may rise above these sentiments and ensure that South Africa remains committed to the promises of rights embodied in the Constitution. But my thesis also considers judicial independence in light of the racial and gender transformation of the judiciary. I argue that although thus far the courts, and particularly the Constitutional Court, has demonstrated an impressive independence, the political and racial loyalties of some sectors of the public to the governing party may pose a threat to judicial independence.
Judicial Independence In South African Context
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Author : Deon Hurter Van Zyl
language : en
Publisher:
Release Date : 2009
Judicial Independence In South African Context written by Deon Hurter Van Zyl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Judicial independence categories.
Judicial Independence In Africa
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Author : Wahab O. Egbewole
language : en
Publisher:
Release Date : 2018
Judicial Independence In Africa written by Wahab O. Egbewole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Africa categories.
At the theoretical level, most constitutions in Africa normally provide for the concept of separation of powers with each arm of government assigned defined roles and functions. At the operational level, the Judiciary is regarded as the junior partner with the 'restrictions' on funding in terms of spending as it is usually the prerogative of the Executive branch of government to allocate funds to the Judiciary. To what extent is the check and or control of funding affect the operations of the courts? Can in exercise of the doctrine of separation of powers be expanded with regards to the appointment, discipline and removal of judicial officers? What should be the relationship between the two other arms of government and the Judiciary with regards to control of cases to be determined by the courts. All these issues find a way of determining how effective the Judiciary can be in any governmental arrangement and structure. It is particularly challenging in Africa where democracy in practice is still at the embryonic stage especially with regards to the political office holders. The African Union has in place the African Charter on Human and Peoples' Rights with a provision for an African Commission to determine disputes. How effective is this Commission and how independent is it? This book, Judicial Independence in Africa set out to interrogate some of these issues and was put together by scholars of varied and diverse experience in and outside university environment tracing the evolution of the Judiciary as an arm of government, its relationship with other arms of government and the media, the operations of the institution in relation to issues of human rights, gender and juvenile justice.
In Search Of Judicial Independence
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Author : Tiisetso Russell
language : en
Publisher:
Release Date : 2003
In Search Of Judicial Independence written by Tiisetso Russell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Judicial power categories.
