Judiciary in South Africa

South Africa has an independent judiciary, subject only to the Constitution and the law.

The country’s legal system is based on Roman-Dutch law and English common law. Although it was radically transformed after 1994, many laws unrelated to apartheid continued to be rooted in the old legal system. However, the post-apartheid legal system included new provisions, such as a prohibition on all forms of discrimination and an emphasis on individual rights.

The judiciary in South Africa is made up the Constitutional Court, the Supreme Court of Appeal, High Courts, Magistrates’ Courts and other courts that the Parliament may establish in accordance with the law. The head of the Constitutional Court is also the Chief Justice of South Africa. The Constitution states that the courts must be independent and act impartially. Organs of state such as Parliament and the executive must assist and protect the courts in order to ensure their independence, impartiality, dignity, accessibility and effectiveness.

The Constitutional Court, Supreme Court of Appeal and High Courts have the power to protect and regulate their own processes and to develop the common law.
Judges in the various courts are appointed by the President in consultation with the Judicial Service Commission, the leaders of parties represented in National Assembly, and, where relevant, the President of the Constitutional Court.

The Judicial Service Commission includes the Chief Justice, the President of the Constitutional Court and the Minister of Justice. It is a widely representative body and includes as its members two practising advocates, two practising attorneys, six members from the National Assembly (three from opposition parties) and four from the National Council of Provinces.

The Supreme Court of Appeals is the highest court in all non-constitutional cases. It has a seat in Bloemfontein, which is considered the country’s judicial capital. South Africa Constitutional Court (introduced in 1994) has a seat in Johannesburg.

Black tribal chiefs and headmen have limited jurisdiction to hear cases in traditional courts.

According to a Gallup Poll from October 2008, a strong majority of South Africans expressed confidence in their judiciary.

Image: Supreme Court of Appeals in Bloemfontein.

Also see:

Department of Justice

The Constitutional Court of South Africa

Supreme Court of Appeals of South Africa

Transformation and the Independence of the Judiciary in South Africa

October 2008 Gallup Poll