n Tydskrif vir die Suid-Afrikaanse Reg - Who controls the controllers? : aantekeninge

Volume 2007, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Juvenal's dictum "Quis custodiet ipsos custodies" has developed into the recurring of any debate on power, responsibility and accountability. Cappelletti has chosen it as the title for an article which preludes the contemporary debate. I follow suit. Since Cappelletti's go at the question, the scene has changed and the public debate has become more vivid. (See Cappelletti "Who watches the watchmen?" ch 2 in (1989) 57.) New aspects have come up perhaps as an overspill of the general debate on accountability. The general debate on professional ethics has reached the judiciary. The fact that litigation has become a panacea for each and every problem, let it be personal, social or political, has moved the courts into the limelight. Our attitude towards them remains ambivalent: on the one hand, we are only too keen to approach them with our problems; on the other hand, our trust in the courts is limited. At least we tend to take a closer look at who they are, what they do and how they arrive at their decisions.

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