The judiciary of South Africa is the body of judges and magistrates who sit in the

courts of South Africa The courts of South Africa are the civil law (common law), civil and criminal law, criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of ...

. The judiciary is an independent branch of the government, subject only to the

Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Gover ...

and the laws of the country. The Judiciary interprets the

law of South Africa South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law syste ...

, 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. Chapter 8 of the

defines the structure of the South African judicial system. 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 Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts. The position of Chief Justice ...

, the Deputy Chief Justice and the other judges of the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...

* The

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

, 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 A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

* The judges of other courts established by Act of

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

. 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.

Judicial Service Commission

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" and for which separate legislation has been enacted.

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.

References

External links

The South African Judiciary
{{DEFAULTSORT:Judiciary Of South Africa

Judicial Service Commission

National Prosecuting Authority

See also

References

External links