THE JUDICIAL IMPARTIALITY BETWEEN LAW AND ETHICS IN SOUTH AFRICA
In this paper the author(s) aimed to examine, Interrogate the transparency, fairness and impartiality of judicial officers from legal and ethical point of view which raises some obvious methodological issues of judicial impartiality which is not only an ethical principle, it is also a legal principle with its own specific rules in each legal system and judiciary function according to the Constitution of the Republic of South Africa1. What is the point of ethical requirements formulated in quite generic codes if there are already specific legal rules regulating impartiality in each legal system? Moreover, can we extract from these ethical codes rules for the daily practice of the judicial function that are not laid down in the legal systems. Besides these there are other significant issues of paramount importance. Ethical code of conduct is culturally conditioned to specific type of people with degree of position which are expressed by particular type of people with requisite skill, knowledge and codes, which are the expression of minimum agreements adopted between magistrates,judges and the organisations of various judicial office and as a consequence they are formulated in quite abstract and general terms and conditions. Any attempt to analyse the case-law or to detail the mandates relating to the principle of impartiality would offer us the image of ethical neutrality and legal impartiality, not the image of partiality.
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Comments
Samson Lehlogonolo Makalela
2 years ago#3
One should be focused to make the strongest points possible for the pertaining issue. Strong points present a strong argument that represents the strong position of the comment. There is a old legal saying that “If you have the facts on your side, pound the facts. If you have the law on your side, pound the law.
Samson Lehlogonolo Makalela
2 years ago#2
Samson Lehlogonolo Makalela
2 years ago#1
Judicial independence is the idea that the judiciary — the branch of government that interprets and applies the law — should be independent from the other branches of government. Moreover, that the judiciary should not be subject to improper influence from powerful people and entities, whether they be individuals in government or private persons. The Constitution establishes an independent judiciary in South Africa which is subject only to the Constitution and the law, which the judiciary must apply impartially and without fear, favour or prejudice.