Transformation of Judiciary System
The call by some senior members of the African National Congress for the transformation of the Judiciary doesn’t compromise judicial independence
Introduction
In the trias politica, every arm of government has equal power compared to other arms of the government. However, to make sure that all the arms of government in the trias politica have equal powers they must be accountable to each other. That means they must implement the oversight to one another so that no arm of government ends up with greater powers than others in the trias politica. A call by ANC or any member of any political party for the transformation of the Judiciary doesn’t compromise judicial independence but implementing the oversight to the Judiciary as it is one of the arms of government in the trias politica.
For it is the fact that not even one arm of government should be powerful than the other, it raises questions when it comes to the case of the Judiciary. African National Congress (ANC) transformation of the Judiciary doesn’t necessarily mean that it compromises the independence of the Judiciary but it implements the oversight and tries to call for change where necessary. ANC’s Document of the transformation of the Judiciary is done following all the prescriptions of the constitution and they have sound reasons. When ANC agrees on a bill they all agree to it not some certain members of the party because if that was the case there was going to be a severe conflict among themselves.
Complying with the constitution respectively gives the ANC as part of arms of government the right to propose anything in the Legislature and the Judiciary constitutionally. The Protection of State Information Bill and Transformation of Judiciary are done to serve the interests of the citizens of the country and the entire party has agreed in favor of these bills no matter who brought them into attention or came out with them. It is not who came with the idea that counts but what counts is that who voted
Introduction
In the trias politica, every arm of government has equal power compared to other arms of the government. However, to make sure that all the arms of government in the trias politica have equal powers they must be accountable to each other. That means they must implement the oversight to one another so that no arm of government ends up with greater powers than others in the trias politica. A call by ANC or any member of any political party for the transformation of the Judiciary doesn’t compromise judicial independence but implementing the oversight to the Judiciary as it is one of the arms of government in the trias politica.
For it is the fact that not even one arm of government should be powerful than the other, it raises questions when it comes to the case of the Judiciary. African National Congress (ANC) transformation of the Judiciary doesn’t necessarily mean that it compromises the independence of the Judiciary but it implements the oversight and tries to call for change where necessary. ANC’s Document of the transformation of the Judiciary is done following all the prescriptions of the constitution and they have sound reasons. When ANC agrees on a bill they all agree to it not some certain members of the party because if that was the case there was going to be a severe conflict among themselves.
Complying with the constitution respectively gives the ANC as part of arms of government the right to propose anything in the Legislature and the Judiciary constitutionally. The Protection of State Information Bill and Transformation of Judiciary are done to serve the interests of the citizens of the country and the entire party has agreed in favor of these bills no matter who brought them into attention or came out with them. It is not who came with the idea that counts but what counts is that who voted
Bibliography: March 23, 2012