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Section 165 vests the judicial authority to the courts and provides for an independent and transformed Judiciary that delivers quality justice to all without fear, favour or prejudice. These courts are subject only to the Constitution and the law, which they must apply impartially.
This is the third year of the South African Judiciary reporting on its performance and related issues directly to the public and other key court-process-participants. Comments on our performance, triggered the need to shed light on some of the factors that played an essential role in court performance.
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First, it will set out the current state of judicial governance in South Africa. Second, it will discuss the concept of the “single judiciary” in South Africa, before concluding with some questions and issues arising from these two topics, which may be worthy of further discussion. 4.
essential for the survival of South Africa’s constitutional democracy. Langa J observed that “the primary role of the courts is one of safeguarding the rule of law and the supremacy of the constitution.”6 Thus, the actions of the courts in carrying out their mandate as the judicial arm
Jan 1, 2022 · Using primary and secondary data from judicial pronouncements, constitutional provisions, and other public documents, with extant literature, respectively, this paper reviewed the environment...
Dec 15, 2021 · In celebrating the last 25 th anniversary of the Constitution, it is crucial that we also credit the role the judiciary has played in ensuring that the constitution’s promises are realised in people’s lives.
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as a judicial oversight instrument (Hoffmann-Riem, 2004), the regime of judicial review is a cautionary mechanism for the political branches of the government to exercise the power of law - making with utmost consideration of the democratic tenets of accountability.
