South Africa as a nation has a history which is rife with state corruption and ruling parties which have had continual motives of increasing their power- from Apartheid to the many incidences of corruption in the current ANC government. Thus the topic of state power is particularly pertinent in this context- one major aspect to this topic is that of judicial independence- a vital concept to discuss and promote within the realms of democracy. Judicial independence is a concept that cannot be implemented nor discussed effectively without understanding and emphasising the importance of the doctrine of the separation of powers and the rule of law in the support they provide to creating a system that is devoid of interference from the executive or the legislative branches of the state. Hence, the importance of Judicial independence buoyed by the doctrine of the separation of powers and the rule of law can be illustrated through an analysis of the Constitutional Crisis during the 1950’s, as well relevant case law that upholds principles of s 165 of the Constitution of the Republic of South Africa, 1996.
It is not uncommon that the judicial organ of a given state faces criticism during times that the courts hold the government accountable, within the context of South Africa this is illustrated in Southern Africa Litigation Centre v Minister of Justice and Constitutional Development 2015 JDR 1294 (GP) and the events surrounding this case. The International Criminal Court issued an