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The Judiciary Agency overview Formed 1909 Constitution - 1909 ; 116 years ago (1909) 1996 Constitution - 1996 ; 29 years ago (1996) Jurisdiction Government of South Africa Headquarters 188, 14th Road, Noordwyk, Midrand Agency executive Mandisa Maya, Chief Justice of the Republic of South Africa Key documents Chapter 8 of the Constitution Judicial Service Commission Act, 1994 Website judiciary ...
The JSC's primary function is to select South Africa's judges. [2] Though the President makes the appointments, the JSC has a crucial screening function. In the case of judges of the High Court and Supreme Court of Appeal, the President's role is purely formal; they must confirm the candidates chosen by the JSC. [1]
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
Sections 174 to 178 of the Constitution deal with the appointment of judicial officers. [4] Judges may not be members of Parliament, of the government or of political parties. To select judges the Judicial Service Commission first draws up a list of candidates, which must have at least three more names than the number of vacancies. The ...
Six additional appointments to the Supreme Court (five—Habeeb A. O. Abiru, Abubakar Datti Yahaya, Abubakar Tijani, Obande Festus and Akomaye Angim—from Nigeria, and one—Nicholas Colin Brown—from Sierra Leone) were reported to have been made in secret, starting in October 2016, with the cooperation of Chief Justice Fagbenle. [22]
The Court of Justice of the African Union was originally intended to be the "principal judicial organ" of the African Union (Protocol of the Court of Justice of the African Union, Article 2.2) with authority to rule on disputes over interpretation of AU treaties.
Roosevelt defines judicial activism as "an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions."; [9] [10] likewise, the solicitor general under George W. Bush ...
In the first three steps, the judicial officer must examine the objects and purport of the statute under consideration; examine the ambit and meaning of the rights protected by the Constitution; and ascertain whether it is reasonably possible to interpret the statute in such a manner that it conforms to the Constitution (by protecting the ...