Who appoints high court judges in South Africa?
Asked by: Julius Conn | Last update: November 27, 2023Score: 4.7/5 (67 votes)
The JSC's primary function is to select South Africa's judges. Though the President makes the appointments, the JSC has a crucial screening function. In the case of judges of the High Court and Supreme Court of Appeal, the President's role is purely formal; they must confirm the candidates chosen by the JSC.
How are South African judges appointed?
They are appointed by the President on the advice of the Judicial Service Commission. In terms of the Constitution, any appropriately qualified person, who is considered fit and proper, may be appointed as a judicial officer.
Who has the power to appoint judges of the High Court?
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.
What do lawyers call the judge in South Africa?
The formality of address in any court room in South Africa has always amazed me. In the Magistrates Courts, the magistrates are addressed as “Your Worship”. In the high courts, male judges are addressed as “My Lord”, and female judges are addressed as “My Lady”.
Who appoints the Chief Justice in South Africa?
(3) The President as head of the national executive, after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the President and Deputy ...
The process of appointing judges: CP Fourie
What do you call a high court judge in South Africa?
The formality of address in any court room in South Africa has always amazed me. In the Magistrates Courts, the magistrates are addressed as "Your Worship". In the high courts, male judges are addressed as "My Lord", and female judges are addressed as "My Lady".
Who holds judicial authority in South Africa?
(1) The judicial authority of the Republic is vested in the courts. (2) The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. (3) No person or organ of state may interfere with the functioning of the courts.
What do you call a female judge in South Africa?
2. High courts: My Lord/Your lordship or My lady depending on the gender of the presiding Judge. Male Judge: My Lord or My lordship. Female Judge: My lady.
How much does judge earn in South Africa?
President Cyril Ramaphosa has granted judges and magistrates increases of 3%. Magistrates will now earn closer to R1. 1 million per year, and judges are creeping towards R2 million per year.
Can an attorney become a judge in South Africa?
A candidate must have studied law, and became an advocate, attorney or a magistrate. In very rare circumstances a candidate coming from academia may be appointed as a judge, this is because they are seldom appointed as acting judges and often lack experience of legal practice if they have only been in academia.
Can the president appoint all judges?
The president nominates all federal judges in the judicial branch and specified officers in cabinet-level departments, independent agencies, the military services, the Foreign Service, and uniformed civilian services, as well as U.S. attorneys and U.S. marshals.
What judges are appointed by the president?
Who appoints federal judges? Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution.
What is the difference between a judge and a justice?
These distinctions can be difficult to keep straight. Trial and intermediate appellate court judges in most states and in the federal judicial system are called judges, while those on the highest courts are justices.
How does the judicial system work in South Africa?
Judicial System of South Africa
The common law is based on Roman-Dutch Law. The judicial system comprises the Supreme Court of Appeal, High Court and magistrates' courts, as well as several special courts, including the special income tax courts, labour and labour appeal courts, and Land Claims Court.
How many high court judges are there in South Africa?
There are 11 judges of the Constitutional Court, namely a Chief Justice, Deputy Chief Justice and 9 Judges. A matter must be heard by at least 8 judges. The Constitutional Court is the apex court in South Africa. Its decisions cannot be changed by any other court.
What is the tenure of judges in South Africa?
In terms of section 176(1) of the Constitution, judges of the Constitutional Court serve for a non-renewable term of 12 years or until they reach the age of 70, whichever is earlier; but these limits may be extended by an Act of Parliament.
What is the retirement age for judges in South Africa?
11. Section 176(1) of the Constitution provides: “A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.”
Who is the highest paid Judge in the country?
The Supreme Court
Hell yeah it does. The yearly salary of a Chief Justice of the Supreme Court pays $280,500 a year, with the associate justices making $268,300 — with their salaries being public record as they come out of tax dollars.
What is the most paying job in South Africa?
- Specialist Doctor: R1,123, 890 p/a.
- Technical and Business Architect: R871,342 p/a.
- Petroleum Engineer: R694,700 p/a.
- IT Manager: R663,539 p/a.
- Industrial Engineer: R663,347 p/a.
- Management Consultant: R625,038 p/a.
- Financial Manager: R619,240 p/a.
- Actuary: R550,656 p/a.
Why do South Africans say my lady in court?
The paralympian wasn't being fresh with Judge Thokozile Masipa. "My lady" is the accepted way to address female judges in South Africa, while the male equivalent is "my lord."
What do judges wear in South Africa?
In South Africa a presiding officer's dress is determined by the nature matter; if the case is a civil, the judge will wear black. If criminal, then red.
How do you greet a female judge?
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.
Are judges elected in South Africa?
Judicial appointments. The JSC's primary function is to select South Africa's judges. Though the President makes the appointments, the JSC has a crucial screening function.
What is the hierarchy of courts in South Africa?
The ordinary courts are the district and regional magistrates' courts, the provincial divisions of the High Court, and the Supreme Court of Appeal. The Constitutional Court is the highest court for constitutional matters.
What is the judicial hierarchy in South Africa?
The Chief Justice of South Africa, the Deputy Chief Justice and the other judges of the Constitutional Court. The President, Deputy President and other judges of the Supreme Court of Appeal. The Judge President, Deputy Judge President and other judges of each of the High Courts.