Interrogating Political Attacks on the Judiciary in South Africa: Towards Safeguarding Judicial Integrity and Independence

Interrogating Political Attacks on the Judiciary in South Africa: Towards Safeguarding Judicial Integrity and Independence

Author: 
Radebe, Sbonelo
Place: 
Pretoria
Publisher: 
Human Sciences Research Council (HSRC)
Date published: 
2021
Record type: 
Responsibility: 
Onwuegbuchulam, Sunday Paul C. , jt. author
Journal Title: 
Africa Insight
Source: 
Africa Insight, Vol. 50, No. 4, 2021, pp. 93–110
Abstract: 

The judiciary is an arm of government that is central to the realisation of democratic stability; hence the need to safeguard its integrity. In recent times, the judiciary in South Africa has come under enormous criticism, following the reality that some court rulings seem to not be supporters of some politicians in the country. This desktop study considers the attacks on the judiciary in South Africa as being problematic. Adopting the notion of judicial integrity and the principle of separation of powers as conceptual frameworks, it is argued that the attacks on the judiciary have the potential to destroy the notion of judicial integrity, which is the bedrock of true democratic systems. The continuous attacks may also lead to public distrust in the judicial system in South Africa or compromising of the independence of the judiciary. This may impact the principle of separation of powers, which is also germane to democratic consolidation. The article proffers some pointers towards addressing the problem and safeguarding judicial integrity in South Africa.

Language: 
Country focus: 

CITATION: Radebe, Sbonelo. Interrogating Political Attacks on the Judiciary in South Africa: Towards Safeguarding Judicial Integrity and Independence . Pretoria : Human Sciences Research Council (HSRC) , 2021. Africa Insight, Vol. 50, No. 4, 2021, pp. 93–110 - Available at: https://library.au.int/interrogating-political-attacks-judiciary-south-africa-towards-safeguarding-judicial-integrity-and