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Tags: South Africa

Criticism of the judiciary: attacking the authority of the courts

Criticism of the judiciary: attacking the authority of the courts

Maintaining the integrity of the judicial process In the Constitution of South Africa, Chapter 9 deals with State Institutions supporting Constitutional Democracy. Under section 194, Removal from Office it states the following; “(2) A resolution of the National Assembly concerning the removal from office of— (a) the Public Protector or the Auditor-General must be adopted […]

Comparing the Italian and South African process for appointing judges

Comparing the Italian and South African process for appointing judges

From 03 July to 05 July 2019 the International Association of Judges (IAJ) held a conference, in which over 20 countries and jurisdictions were represented. During the conference a comparison of the concerns in the difference between legal systems was undertaken. The Secretary-General of the IAJ, Mr. Giacomo Oberto, gave a thought-provoking speech addressing, among […]

Magistrates Matter: Turning the light to shine on the magistracy

Magistrates Matter: Turning the light to shine on the magistracy

The judicial system in South Africa comprises of the following courts of law: the Constitutional Court; the Supreme Court of Appeal; the High Courts, the Magistrates’ Courts; and any other court established by legislation (such as the Labour Court). In her thesis on the transformation of the South African magistracy published in 2007, Vanja Karth […]

Beyond the Numbers: Diversity on the Constitutional Court Bench

Beyond the Numbers: Diversity on the Constitutional Court Bench

Originally the Constitutional Court was established as the final court on all constitutional matters. However, following the 17th amendment Act of 2012 it is now South Africa’s highest court on all matters. The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice and nine other judges. Thus, the Court’s bench is supposed to […]