Transformation of Judiciary System

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The call by some senior members of the African National Congress for the transformation of the Judiciary doesn’t compromise judicial independence


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
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“Now ANC want to deploy its corrupt comrades to also corrupt the highest court in the land, No I don’t support.” (Siya“ What people or citizens have to know is that transformation of judicial system doesn’t mean the transformation of the constitution.

If the judicial system is so independent it won’t be able to represent people, promoting and protecting South African constitutional values. It won’t be able to ensure its accountability and improving the appropriateness of the justice system and so to make sure the access of all people to justice. The power that the Judiciary has is much high and strong and it forbids or outlaws the executive to question its decision with the belief that they are always on the right track and whatever decision they make is lawful. ANC’s transformation of Judiciary document doesn’t have anything to do with all these matters of corrupting the power but trying to stop the absolute corruption by those highly in power.

The unjust of the Apartheid era constitution resulted on the apartheid constitution being amended and drafted the new in after 1996. Now because of unjust laws of the past has led to the transformation of the constitution to ensure democracy, it therefore means there might be loopholes even in our new democratic constitution and when they have been reviewed they have to be corrected. The
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