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Importance Of Judicial Independence

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The importance of the independence of the judiciary is much like the relationship between law and religion, morality and justice – it is subjective. The concept of judicial independence states that the arm of government known as the judiciary must be separated from the other two arms of government, namely the legislature and the executive. More so, the South African law articulates that the judiciary should not be affected by any external interference from any person or institution. The importance of this concept is greatly criticised by many jurists as well as various politicians. In order to discuss the importance of the independence of the judiciary; the relationship between the concept of judicial independence in terms of – Section 165 of the Constitution and the doctrine of the separation of powers should be analysed within the context of the rule of law.
During the Pre-1994 Constitutional era the judiciary’s independence was limited by the government as a result of the notion of Parliamentary Sovereignty . The government influenced the judgement made by the judiciary to best serve their interests rather than the interests of the public. However; after the development of the 1996 Constitution, the doctrine of the separation of powers was enacted. It divided the government into three branches; the legislature, the executive, and the judiciary. The legislature is the parliament and is in charge of creating the laws and policies that govern the country, the executive

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