The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country.[1] The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment.
Schematic of the South African court system
Chapter 8 of the Constitution of South Africa defines the structure of the South African judicial system.[2] This chapter also guarantees the independence of the courts and requires other organs of the state to assist and protect the courts in order to ensure their "independence, impartiality, dignity, accessibility and effectiveness". In addition, Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair, impartial and independent court.
The judges of other courts established by Act of Parliament.
Permanent judges in the higher courts are appointed by the President of South Africa, in consultation with the Judicial Service Commission as well as the leaders of the political parties represented in South African National Assembly. The appointment of magistrates fall under the separate Magistrates' Commission
There is also a single national prosecuting authority that is responsible for the institution of criminal proceedings on behalf of the state.
The South African Judicial Service Commission plays an important role in the appointment of judges and also advises the country's national government on any matters relating to the judiciary and the administration of justice. It is a body established in the Constitution of South Africa "to advise the national government on any matter relating to the judiciary or the administration of justice"[2] and for which separate legislation has been enacted.
The National Prosecuting Authority (NPA) is responsible for the institution of criminal proceedings on behalf of the state. The NPA is headed by the Director of Public Prosecutions, who is appointed by the President. The Constitution of South Africa states that legislation enacted by the South African Parliament must ensure that the NPA performs its functions without fear, favor or prejudice.
^"South Africa's judiciary". SouthAfrica.info. Brand South Africa. Retrieved 1 March 2014.
^ ab(PDF). Government of the Republic of South Africa. Archived from the original (PDF) on 4 September 2011. Retrieved 4 September 2011.
External links
The South African Judiciary
February 20, 2023
judiciary, south, africa, courts, courts, south, africa, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newsp. For the courts see Courts of South Africa This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Judiciary of South Africa news newspapers books scholar JSTOR December 2013 Learn how and when to remove this template message The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa The judiciary is an independent branch of the government subject only to the Constitution of South Africa and the laws of the country 1 The Judiciary interprets the law of South Africa using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment Schematic of the South African court system Chapter 8 of the Constitution of South Africa defines the structure of the South African judicial system 2 This chapter also guarantees the independence of the courts and requires other organs of the state to assist and protect the courts in order to ensure their independence impartiality dignity accessibility and effectiveness In addition Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair impartial and independent court The judiciary of South Africa consists of The Chief Justice of South Africa the Deputy Chief Justice and the other judges of the Constitutional Court The President Deputy President and other judges of the Supreme Court of Appeal The Judge President Deputy Judge President and other judges of each of the High Courts Regional and district magistrates of the Magistrates Courts The judges of other courts established by Act of Parliament Permanent judges in the higher courts are appointed by the President of South Africa in consultation with the Judicial Service Commission as well as the leaders of the political parties represented in South African National Assembly The appointment of magistrates fall under the separate Magistrates CommissionThere is also a single national prosecuting authority that is responsible for the institution of criminal proceedings on behalf of the state Contents 1 Judicial Service Commission 2 National Prosecuting Authority 3 See also 4 References 5 External linksJudicial Service Commission EditMain article Judicial Service Commission South Africa The South African Judicial Service Commission plays an important role in the appointment of judges and also advises the country s national government on any matters relating to the judiciary and the administration of justice It is a body established in the Constitution of South Africa to advise the national government on any matter relating to the judiciary or the administration of justice 2 and for which separate legislation has been enacted National Prosecuting Authority EditMain article National Prosecuting Authority The National Prosecuting Authority NPA is responsible for the institution of criminal proceedings on behalf of the state The NPA is headed by the Director of Public Prosecutions who is appointed by the President The Constitution of South Africa states that legislation enacted by the South African Parliament must ensure that the NPA performs its functions without fear favor or prejudice See also EditGovernment of South Africa Department of Justice and Constitutional Development Law of South Africa Courts of South AfricaReferences Edit South Africa s judiciary SouthAfrica info Brand South Africa Retrieved 1 March 2014 a b Constitution of the Republic of South Africa No 108 of 1996 PDF Government of the Republic of South Africa Archived from the original PDF on 4 September 2011 Retrieved 4 September 2011 External links EditThe South African Judiciary Retrieved from https en wikipedia org w index php title Judiciary of South Africa amp oldid 1019950021, wikipedia, wiki, book, books, library,
