South Africa: Transforming the Judiciary

The latest edition of ePoliticsSA from IDASA evaluates draft legislation currently in process which aims to address the issue of transformation in the judiciary. An introduction to the issue notes that the transformation of South Africa’s judiciary is constitutionally prescribed, necessary and inevitable – what is important about transformation, however, is the form it takes. Since the structure of the courts and composition of the judiciary in South Africa are firmly rooted in apartheid, the question is not whether transformation should occur, but what steps should be taken to ensure that transformation processes are effective, transparent and respect the independence of the judiciary.