After the Transition – Justice, the Judiciary and Respect for the Law in South Africa

After the Transition – Justice, the Judiciary and Respect for the Law in South Africa

This following paper is intended to provide a perspective on questions related to the independence of the judiciary in South Africa (2007). While South Africa was no longer in the heart of its political transition, the legacy of apartheid rule was still strongly felt and post-apartheid "transformation" continued to be a central concern of government and society more broadly. But how does judicial independence relate to transformation? Rather than conceiving of it as a separate issue, this paper departs from the point of view that the consolidation of judicial independence is a key dimension of the process of judicial transformation in South Africa. Thereby unearthing questions on the efficiency and appropriateness of the justice system to ensure access to justice for all people.

 

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Amy Gordon
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Amy Gordon is a former CSVR intern. She received her BA in Political Science, with a concentration in international relations, from Stanford University. Masters in International Law and Human Rights from U.N. University for Peace in Costa Rica and her JD from Harvard Law School in 2008.

David Bruce
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David Bruce is a Johannesburg-based independent researcher and writer working in the fields of policing, crime and criminal justice. He obtained his Master's Degree Public and Development Management and Bachelor's Degree Bachelor of Arts with majors in Legal Theory and Industrial Sociology from The University of the Witwatersrand.

 

 



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