Without Fear, Favor or Prejudice: Judicial Independence and the Transformation of the Judiciary in South Africa

2010 ◽  
Author(s):  
Penelope Andrews
2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Ntombizozuko Dyani-Mhango

Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts’ jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.


Author(s):  
Leana Diedericks

Protection in terms of labour law is primarily only available to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore entitled to protection afforded by labour law. These tests have been incorporated into legislation. The Labour Relations Act 66 of 1995 provides for a definition and presumption of who is an employee. The Act further excludes certain categories of persons from its application and ambit. Although magistrates have not expressly been excluded from the application of the Act, it has been held that they are not employees, because such a categorisation would infringe upon the principle of judicial independence as guaranteed by the Constitution of the Repubblic of South Africa, 1996. The purpose of this paper is to evaluate whether magistrates could be categorised as employees in terms of the traditional tests of employment and still be able to maintain judicial independence as required by the South African Constitution.     


1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.


Author(s):  
Alex Johnson ◽  
Amanda Hitchins

Abstract This article summarizes a series of trips sponsored by People to People, a professional exchange program. The trips described in this report were led by the first author of this article and include trips to South Africa, Russia, Vietnam and Cambodia, and Israel. Each of these trips included delegations of 25 to 50 speech-language pathologists and audiologists who participated in professional visits to learn of the health, education, and social conditions in each country. Additionally, opportunities to meet with communication disorders professionals, students, and persons with speech, language, or hearing disabilities were included. People to People, partnered with the American Speech-Language-Hearing Association (ASHA), provides a meaningful and interesting way to learn and travel with colleagues.


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