The criteria for the appointment of magistrates, and in fact all judicial officers, goes far beyond the requirements of section 174(2). Lessons to be learnt from Magistrate AK Amos v Minister of Justice case.
In the last decade, there have been several allegations of corruption and capture of key organs of the state, from parastatal companies and government departments, including the highest offices in the land. The judiciary has not been left unscathed. So far very little proof has been handed up to substantiate claims against judicial officers and […]
The Minister of Justice and Correctional Services has made 158 new Magistrates’ appointments in vacancies around the country.
Section 174 of the Constitution deals expressly with the criteria for the appointment of judicial officers. Of late, these requirements, or more specifically the application of these requirements has come under severe scrutiny.
The magistrate’s court is the first port of call for most citizens who encounter the justice system. It is for this reason that the security of tenure of magistrates must be safeguarded and magistrates must be held accountable for all conduct. To ensure that the security of tenure of magistrates is safeguarded and that magistrates […]
Research already shows that magistrates feel unsafe in their working environment – the latest incident is a call for urgent action to protect them. Magistrates Matter is shocked and disturbed at media reports of an incident where a Cape Town magistrate was injured in a shooting incident. According to media reports, Magistrate A.C. Mashala was […]
Interview preview: current and former magistrates on the path to high judicial office Prior to 1994, judges were only appointed from the ranks of senior counsel (advocates) at the Bar. These judges were almost exclusively white men. Today things are different. In accordance with our constitution, the judiciary is required to ‘broadly reflect the racial […]
The DGRU recently assessed the functioning of Urban Traditional Courts in South Africa with the intention of gaining a better understanding of the state of corruption in the lower courts.
In this article we try and explain what bail is and isn’t. Bail is not a punishment for the crime you have committed, it is simply a means to ensure that you come to trial.
The Magistrates Commission (‘MC’) is a statutory body established in terms of section 2 of the Magistrates Act, No. 90 of 1993 (‘the Act’). The purpose of the MC is to, inter alia, conduct interviews of magistrates for permanent appointment and thereafter advise the Minister of Justice and Constitutional Development or to make recommendations to […]
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