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Results for judicial reform (south africa)

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Author: The Department of Justice and Constitutional Development, Republic of South Africa

Title: Discussion document on the transformation of the judicial system and the role of the judiciary in the developmental South African State

Summary: The Discussion Document on the transformation of the judicial system and the role of the Judiciary in a developmental South African state (the Document) highlights reforms that have taken place and an overview of the transformative initiatives currently underway within the justice environment. It recognises the critical role of the Judiciary as the third arm of the state and emphasises the importance of synergy between the three branches of the state in their common endeavour to realise the country’s goals of a developmental state, including the ideal of achieving a better life for all. The judiciary, through the exercise of its judicial authority, plays a critical role in achieving the goal of consolidating democracy and achieving the ideals of a democratic society. The Document gives a brief overview of the significant milestones that have been achieved in the transformation of the Judiciary and the court system since the onset of democracy. These include the changing racial and gender composition of the Judiciary, reformed appointment and governance arrangements, and aligning the process of laws and policies with the values and ethos of the Constitution. Despite the significant gains that have been made in the 17 years of democracy, there are still hurdles that continue to hamper the attainment of the ideals of an open and democratic society envisaged by the Constitution. The Constitution is the supreme law of the land and provides the basis for the transformation of the state and society. Its commitment to establish a non-racial, non-sexist, equal and prosperous society, founded on human rights, is revolutionary. Therefore, this Document seeks to reflect on the fundamental principles that guide the transformation of the judicial system and the Judiciary, within the broad context of social transformation. It articulates the constitutional vision of an equal society, based on social justice, and outlines certain approaches that are important for the consolidation and acceleration of the transformation of society for all people in South Africa to enjoy equal benefit and protection of the law. The Document commences by describing the concept of the transformation of the judicial system, and distinguishes between the transformation of the judicial system and the Judiciary. It explains and locates the role of the courts and the Judiciary at the centre of the transformation agenda of a developmental state, and highlights the national goals that are key to the transformation of the state and society. It further explains, among other things, the entrenchment and realisation of the democratic values that are enshrined in the Constitution, and the eradication of poverty as a priority of government. It places emphasis on, and highlights the necessity for the three branches of the state to act cooperatively to realise the transformative goals of the Constitution.

Details: Pretoria, South Africa: The Department of Justice and Constitutional Deparment, 2012. 48p.

Source: Internet Resource: Accessed March 18, 2012 at http://www.justice.gov.za/docs/other%20docs/20120228-transf-jud.pdf

Year: 2012

Country: South Africa

URL: http://www.justice.gov.za/docs/other%20docs/20120228-transf-jud.pdf

Shelf Number: 124569

Keywords:
Administraion of Justice (South Africa)
Judicial Reform (South Africa)