cover image: Forattention:MrMMokulubete Peremail:MMokulubete@justice.gov.za TheDepartmentofJusticeandConstitutionalDevelopment

20.500.12592/9120q6

Forattention:MrMMokulubete Peremail:MMokulubete@justice.gov.za TheDepartmentofJusticeandConstitutionalDevelopment

15 Jun 2022

The Judiciary, and the courts, are the guardians of the Constitution and must uphold the rule of law. [...] Section 2(2) indicates that the desire of the Department is for the Lower Courts to form an integral part of the Judiciary and that its management of judicial functions must fall within the competence of the Superior Courts. [...] In terms of the current administrative structure, the Magistrates Courts, or Lower Courts as they have been termed in the Lower Courts Bill, fall within the administration of the Department and not the Office of the Chief Justice (“OCJ).10 The OCJ was established as a new National Department in 2010, by Presidential proclamation.11 The OCJ, under the leadership of the Chief Justice, is responsible. [...] If the Judiciary is to be a genuinely independent third arm of the state, both the Lower and Superior Courts’ budget and resources need to be actively administered by the Chief Justice and other members of the Judiciary with the support of the OCJ. [...] The HSF suggests that this submission be read in unison with the HSF’s submission on the Magistrates Bill, 2022, with particular regard to the recommendation that a comprehensive study of the feasibility of unification of the magistracy and the 15 Ibid section 106A.
Pages
13
Published in
South Africa