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Encyclopedia > Judiciary of South Africa
South Africa

This article is part of the series:
Politics and government of
South Africa
Image File history File links Za-coa. ... // Constitution Following the 1994 elections, South Africa was governed under an interim constitution. ...



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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. The President of South Africa is the head of state and head of government under South Africas Constitution. ... Thabo Mvuyelwa Mbeki (born June 18, 1942) is the President of the Republic of South Africa. ... The Deputy President of South Africa is appointed by the President of South Africa. ... Mrs Phumzile Mlambo-Ngcuka (born November 3, 1955) is the current Deputy President of South Africa. ... Ministers, in the South African government, are Members of Parliament who hold a ministerial warrant to perform certain functions of government. ... bob Parliament of South Africa is South Africas legislature and is composed of the National Assembly of South Africa and the National Council of Provinces. ... The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. ... The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. ... The Speaker of the National Assembly presides over the South African National Assembly. ... Tony Leon Anthony James Leon (born 15 December 1956) is a South African politician and the leader of the Democratic Alliance, South Africas main opposition party and current leader of the opposition. ... Tony Leon Anthony James Leon (born 15 December 1956) is a South African politician and the leader of the Democratic Alliance, South Africas main opposition party. ... The South African Constitutional Court was established in 1994 by South Africas first democratic constitution: the Interim Constitution of 1993. ... The South African Supreme Court of Appeal (Afrikaans; Hoogste Hof van Appel van Suid Afrika) is the South African court that has the final say on all matters other than those that involve the interpretation of the constitution. ... The High Court of South Africa is a court of law in South Africa. ... Magistrates Courts in South Africa are the lower courts and the courts of of first instance and decide all matters as provided for by an act of parliament. ... Elections in South Africa gives information on election and election results in South Africa. ... Political parties in South Africa lists political parties in South Africa. ... A map of the nine provinces of South Africa South Africa is currently divided into nine provinces. ... Foreign Relations of South Africa South African forces fought on the Allied side in both World War I and World War II, and it participated in the postwar United Nations force in the Korean War. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... The current and official Constitution of South Africa was adopted on 8 May 1996. ...


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 current and official Constitution of the Republic of South Africa was adopted on 8 May 1996. ...


The South African court structure consists of:

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. The South African Constitutional Court was established in 1994 by South Africas first democratic constitution: the Interim Constitution of 1993. ... The South African Supreme Court of Appeal (Afrikaans; Hoogste Hof van Appel van Suid Afrika) is the South African court that has the final say on all matters other than those that involve the interpretation of the constitution. ... The High Court of South Africa is a court of law in South Africa. ... Magistrates Courts in South Africa are the lower courts and the courts of of first instance and decide all matters as provided for by an act of parliament. ... The President of South Africa is the head of state and head of government under South Africas Constitution. ... The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. ...


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


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 Justice Minister is a cabinet position in a government. ... The Chief Justice of South Africa is the top judge in South Africa, who exercises final authority over the functioning and management of all the courts. ... It has been suggested that Barrister#Advocates in Scotland be merged into this article or section. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. ... The National Council of Provinces (NCOP) is the upper house of the Parliament of South Africa under the (post-apartheid) constitution which came into full effect in 1997. ...

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. The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ...



 

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