oa Comparative and International Law Journal of Southern Africa - Judicial accountability and court performance standards: managing court delay



Independence of the judiciary is a central principle under separation of powers and a vital bulwark in the achievement of constitutionalism. However, independence of the judiciary does not mean that the judiciary is only accountable to itself. The judiciary should take it upon itself to account for its performance. The introduction of performance standards is an attempt to provide guiding principles to assess and improve the performance of courts, particularly trial courts, so that they are responsive, effective and accountable for their performance. An important aspect of accountability is management of the pace of litigation to prevent undue delay. The judiciary has the power to create and implement time standards, and monitor its performance against these standards, thus providing better access to justice.


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