Democracy

South Africa's judiciary

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

It comprises the Constitutional Court, Supreme Court of Appeal, High Courts, Magistrates Courts, and other courts established or recognised in terms of an Act of Parliament.

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 – among its other members are two practising advocates, two practising attorneys, six members from the National Assembly (including three from opposition parties) and four from the National Council of Provinces.

SAinfo reporter