oa Advocate - The South African courts A legitimacy crisis - Yes or no?

Volume 5, Issue 2
  • ISSN : 1012-8743



South Africa today is hurtling towards some or other form of non-racial democracy. Although much is uncertain, clearly the era of institutionalized apartheid has passed and White domination is soon to end. The old path of intransigence has failed. But even evolutionary change is fraught with difficulty. Violence is endemic. Polarisation between and within races is deep-rooted. Attempts to create some common ground (literally and figuratively) show this. It is of course not unusual at junctures like these to seek new solutions, new strategies and new alternatives. Thus there is much talk of the creation of a special constitutional court or commission with general answerability to Parliament; of jettisoning entirely the present judiciary and of restructuring it afresh; of the reintroduction of the jury system; of the codification of Roman-Dutch law, and even of the survivial or otherwise of that system.

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