The independence of the judiciary has once again come under the spotlight. A recent survey by Afro barometer shows that more South Africans are losing trust in the judiciary.
Meanwhile, calls have been made for parliament to be involved in the appointment of judges.
Although the judiciary is the final arbiter, of the law it seems some are starting to question its independence.
Ekurhuleni Mayor, Mzwandile Masina has challenged the structure of the judicial system.
“This question has become critical, just looking at the number of judgments that have been made with impunity because we all must fear one arm of the State that we never elect. So this radical question must be asked by all of us, who is looking after the judge… and why there are no institutions independently set up to look after the judge as and when there are judgments made, we are able to have a recourse.”
A recent survey conducted by Afro barometer reveals that more South Africans are questioning the integrity of the courts. It found that 32% of the respondents believe that members of the judiciary are involved in corruption – up from 15% in 2002.
Gugu Nonjinge from Afrobarometer says: “According to our data we saw a significant number of South Africans indicating that they do not trust the courts among other institutions, and the judges.”
Attorney Raymond Chalom who flagged deficiencies in the judiciary for many years is of the view that the judiciary is not independent.
“I think there’s political interference in the media, in the judiciary. There are judges made by judges who know better… Judges should recuse themselves. Parliament should handle the appointment of judges.”
Chalom further believes the Judicial Service Commission should be abolished and parliament should appoint judges.
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