n Servamus Community-based Safety and Security Magazine - Traditional forms of justice compared to ADR - research

Volume 113 Number 4
  • ISSN : 1015-2385


South Africa is a constitutional democracy where the judicial authority of the Republic is vested in the courts. The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. No person or organ of state may interfere with the functioning of the courts. Organs of state, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness. An order or decision issued by a court binds all persons to whom and organs of state to which it applies. The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts. Pursuing a matter through the formal justice system is known as litigation.

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