Judiciary of South Africa

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South Africa

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The Judiciary of South Africa is an independent branch of government, subject only to the South African Constitution and the laws of the country. The Judiciary interprets the laws of South Africa, 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 Constitution of South Africa 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 South African court structure consists of:

• The Constitutional Court
• The Supreme Court of Appeal
• High Courts
• Magistrates Courts
• Other courts established by or recognized in terms of an Act of Parliament (such as the Land Claims Court).

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 their own commission.

There is also a single national prosecuting authority that is responsible for the institution of criminal proceedings on behalf of the state.

[edit] 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.

The Judicial Service Commission's membership include:

• The South African Minister of Justice
• The Chief Justice of South Africa
• Two practicing advocates
• Two practicing attorneys
• Six members from the South African National Assembly (including three from opposition parties)
• Four members from the National Council of Provinces

[edit] 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.