NCJ Number
173257
Journal
Justice System Journal Volume: 19 Issue: 2 Dated: 1997 Pages: 167-179
Date Published
1997
Length
13 pages
Annotation
South Africa is facing tremendous political, social, and economic upheaval as it establishes a constitutional democracy through the redistribution of power from the white minority National Party government to the black majority African National Congress party led by Nelson Mandela, and significant changes have also occurred relative to South Africa's legal system and the independence of the courts.
Abstract
The South African legal system combines customary or indigenous law of the various tribes, transplanted Roman-Dutch law brought to South Africa in 1652 with the arrival of the Dutch East India Company, and English common law of the colonials from the 1800s. The judiciary consists of the Supreme Court and lower magistrate courts. The new South African Constitution increases the independence of the judiciary in several ways. It identifies a large number of entrenched rights, provides courts with the right of judicial review, and creates a Judicial Service Commission to nominate judicial candidates. Specific steps have also been taken to enhance the legitimacy of the legal system. A Constitutional Court has been created with full authority to resolve legal disputes, strong affirmative action policies have been implemented to diversify the judiciary, and a system of lay assessors has been introduced to give members of the community at large a chance to participate directly in conflict resolution. Although the new Constitution establishes broad fundamental rights, there is some concern about the government's ability, both financially and administratively, to guarantee these rights. As with many developing countries, South Africa must balance economic growth and security with respect for legitimate and legal action. 6 references and 15 footnotes