The Bill purports, in the main, to create and ensure the autonomy of the magistracy from the Executive and bring the discipline of magistrates in line with the dispensation applicable in 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).7 The OCJ was established as a new National Department in 2010, by Presidential proclamation.8 The OCJ, under the leadership of the Chief Justice, is responsible f. [...] The Department administers the Lower Courts’ budget.19 Section 148(2) of the Lower Courts Bill places the responsibility of accounting for the ‘money received and paid out’ for the Lower Courts on the Secretary-General, who is the accounting officer of the OCJ. [...] 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. [...] This would also bring the Commission more in line with the JSC, as the JSC Act requires the Secretary of the Commission to be a member of ‘staff in the Office of the Chief Justice’.38 The independence of the magistracy as a whole will be enhanced.
- Pages
- 19
- Published in
- South Africa
