In the South African Constitutional dispensation , the judiciary is an independent branch of government. Chapter 8 of the Constitution of the Republic of South Africa provides for the structure of the judiciary and also makes provisions for it’s independence. The state is required to assist and protect the independence , impartiality , dignity , accessibility and effectiveness of South African courts.
In this assignment , I will attempt to review the importance of judicial independence as guaranteed in s 165 of the Constitution , the doctrine of separation of powers and the importance of the rule of law. Furthermore , I will show that there exists a definite relationship between the three concepts.
The independence of the judiciary safeguards the right of all citizens to a fair trial. In a constitutional democracy with a supreme constitution ‘the judiciary acts as a referee of the democratic process while also checking whether the two political branches of government , the legislature and the executive , act within the boundaries set out by the Constitution and by legislation’ . A case is to be decided on judicial process involving an interpretation and application of the law together with facts and evidence. It is of utmost importance that the judiciary be kept separate from other branches of government and this concept underlines the value of the doctrine of separation of powers.
Section 165 of the Constitution , in totality , emphasises the importance of the