Judiciary of South Africa

The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country.[1] The Judiciary interprets the law 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.

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Constitution Bill of Rights
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Schematic of the South African court system

Chapter 8 of the Constitution of South Africa defines the structure of the South African judicial system.[2] 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 judiciary of South Africa consists of:

• The Chief Justice of South Africa, the Deputy Chief Justice and the other judges of the Constitutional Court
• The President, Deputy President and other judges of the Supreme Court of Appeal
• The Judge President, Deputy Judge President and other judges of each of the High Courts
• Regional and district magistrates of the Magistrates' Courts
• The judges of other courts established by Act of Parliament.

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 the separate Magistrates' Commission

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