3 interrelated questions to keep in mind:
1. Independence: fundamental to the judiciary, as they can make radical,
binding decisions on the president and parliament.
2. Appointment of judges
3. What is the appropriate relationship between th
The committee actually said that when you look at independence, it means there
1. Financial independence so that the bodies are not dependent directly on a
government body for being funded properly. This is not happeni
Constitutional appointments of Judiciary Members
Big theme: independence of judiciary and the relationship of the judiciary to the other
branches of government.
Know a lot of detail (cases).
Section 178: who is actually going to serve on the JSC.
Ministerial Accountability: sections 92 and s 102.
Parliament, in theory, has the triumph card here. Parliament, on paper, has more
power, as the constitution provides for checks on the executive and accountability, in
that the members of cabinet are acco
National Prosecuting Act: section 179.
Interesting tensions in section 179.
NPA Act seems to suggest the PA on the one hand has some political
oversight when it comes to policy, the head of NPA must agree with the
minister of justice or must give informat
Treatment Against Corruption Case-The National Prosecuting Authority
The Minister said that even if you find against the state, then all the court can do is
declare the policy unconstitutional but you cannot tell the government what to do.
The court dealt
The Judiciary in the constitution
When you appoint judges in terms of the constitution, you have to take into account
the racial and gender composition of the judiciary: section 174(2)
Section 165(2): courts are independent and subject only t
Van Rooyen case
Independence of the magistrates courts
Sets out general principles for tests for independence that are applicable across the
Mr Van Rooyen was convicted in the regional courts and was convicted to prison. He
appealed the case and ar
Section 85: head of executive powers
Some have legal consequences
Exercised by the president in his capacity as president, as he is in control of the
These are different kinds of power
1. The president can appoint the deputy pre