Browsing PER: Potchefstroom Electronic Law Journal by Subject "Judicial independence"

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Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013

McCreath, Haneen; Koen, Raymond (2014)

This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the ...
The independence of South African judges: a constitutional and legislative perspective

Siyo, Lunga; Mubangizi, John Cantius (2015)

Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African ...
Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa

Malan, Koos (2014)

The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ...