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Judiciary In South African Constitution

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Introduction
The Constitution of the Republic of South Africa enjoins the three branches and organs of the state with the primary goal to strive for the democratic values that determine the way in which South Africa should be governed, and are thus enshrined and reside within the Constitution, which is the highest law of the land. Section 165(2) of the Constitution1 declares that the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. No person or organ of state may interfere with the functioning of the courts2. Organs of state are directed to assist and protect the courts, through legislative and other measures, to ensure their independence3. The …show more content…

The doctrine is responsible for the separation of the three main spheres of government, which include the Legislative, the Executive and the Judiciary. Within the constitutional framework, the legislative, executive as well as the judiciary, all play an immense role in the importance in the governing of the Republic of South Africa. One can state that the Legislative authority thus has the power to make, amend and repeal any rules of law. The Executive authority is responsible for the power to execute and enforce rules of law. Lastly, the judicial authority has the power if there is a dispute, to determine what the law is and how it should be applied in the disputes5.

1 Constitution of the Republic of South Africa, 1996.
2 The Constitution of the Republic of South Africa, 1996. Section 165(3).
3 The Constitution of the Republic of South Africa, 1996. Section 165(4).
4 Valente v The Queen [1985] 2 SCR 673.
5 IM Rautenbach Constitutional Law 4 ed (2003) at p 78.
President Omar …show more content…

This case clearly states that the Constitutional Court (CC) held that while the legislature may not delegate plenary law-making powers to the executive, the legislature may however, delegate a subordinate law-making powers. The court had confirmed reservation of plenary law making for the legislature and made it non-negotiable. This is because it is necessary and of paramount importance for the effective

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