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South Africa

Rapid response

The IBAHRI voiced concerns about the impact of South Africa’s Constitutional Amendment Bill and the Superior Courts Bill on judicial independence in South Africa. In response to a call for comments from the South African Government, in April 2006, the IBAHRI issued a report considering aspects of the two judicial reform bills that were open for public comment. The IBAHRI visited South Africa in May 2008 to meet with key stakeholders and develop a fuller picture of the situation following suggestions that the bills may be re-enacted in their original form.

The bills were part of an attempt by the Department of Justice to rationalise court structures and to ensure a more efficient and accessible justice system. This is a necessary and laudable initiative; however, it is the IBAHRI’s view that aspects of the Bills impermissibly impede the independence of the judiciary which is critical to the functioning of a constitutional democracy. The two reports on the IBAHRI's findings can be downloaded at the links below.

July 2008 - Beyond Polokwane: Safeguarding South Africa's judicial independence
Click here
to read the report

A recent Chatham House article, South African Judicary: Threat to Justice, refers to this report.  Read the article here.

South Africa: Comments on the impact of South Africa's Constitution Fourteenth Amendment Bill and the Superior Courts Bill (April 2006)
Click here for the press release.
Click here for the full report.

Southern African Litigation Centre

The Southern African Litigation Centre (SALC) based in Johannesburg, South Africa is the first organisation of its kind in the region dedicated to the training and support of lawyers litigating human rights and rule of law issues. A joint project of the IBAHRI and the Open Society Initiative for Southern Africa (OSISA), the centre provides ongoing expert support as well and resources and training for lawyers taking cases that advance human rights, the rule of law, public interest and constitutional issues.

Click here for further information on SALC's activities.

For further information contact hri@int-bar.org

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