A critical evaluation of the independence of the Office of the Chief Justice and its role in promoting judicial transformation in South Africa
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Authors
Phatshwane, Rebaone Jeremia
Issue Date
2018-07
Type
Dissertation
Language
en
Keywords
South African judiciary , Judiciary department , Office of the Chief Justice , Administration of the judiciary , Post-establishment of the OCJ , Parliamentary supremacy , Constitutional supremacy , Judicial independence , Separation of powers , Transformation
Alternative Title
Abstract
The legislative supremacy of Parliament has dominated the constitutional law of South Africa for a very long time. In the pre-constitutional era, the judiciary had no power to question the deeds of Parliament. Despite the need for the judiciary to be independent from the two other governmental branches to execute its function effectively, it was surely dependent on them. However, the creation of the Office of the Chief Justice (OCJ) as a separate governmental department by the Constitutional Seventeenth Amendment Act, read together with Superior Court Act, mandated by the requirements of a supreme Constitution (and not Parliament), changed things so that the judiciary is no longer dependent on government for its day-to-day administration. This thesis examines the independence of the OCJ and its role in promoting judicial transformation in the new South Africa.
Description
Citation
Phatshwane, Rebaone Jeremia (2018) A critical evaluation of the independence of the Office of the Chief Justice and its role in promoting judicial transformation in South Africa, University of South Africa, Pretoria, <http://hdl.handle.net/10500/24847>