Who appoints judges in SA?
Asked by: Chadd Heller | Last update: December 6, 2025Score: 4.1/5 (71 votes)
A In terms of Section 174 (6) of the Constitution, the President appoints Judges of all Courts, with the exception of the Constitutional Court, on the advice of the Judicial Service Commission.
How are judges appointed in South Africa?
They are appointed by the President on the advice of the Judicial Service Commission. In terms of section 174 of the Constitution, any appropriately qualified person, who is considered fit and proper, may be appointed as a judicial officer.
Who appoints acting judges in South Africa?
Article 82(3) provides that “[a]t the request of the Judge President, the President may appoint Acting Judges of the High Court from time to time to fill casual vacancies in the Court, or to enable the Court to deal expeditiously with its work”.
Who are judges appointed by?
Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.
Who controls the judiciary in South Africa?
The Chief Justice, as declared by the Superior Courts Act, exercises responsibility over all Superior Courts including the Constitutional Court, Supreme Court of Appeal, the High Court and any court of status similar to the High Court. The Constitutional Court is South Africa's highest court on constitutional matters.
The process of appointing judges: CP Fourie
What is the difference between a magistrate and a judge in South Africa?
A A Judge is a presiding officer in a Superior Court and a Magistrate presides over matters in a Regional or District Magistrates' Court.
Why was the jury system abolished in South Africa?
The extreme political polarization and racial strife in South Africa were actually at the crux of the nation's decision to abolish their jury system. Legislators feared that rampant racial prejudice would make it impossible to secure an impartial and fair jury.
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
Who is the boss of a judge?
There is no “boss” as such, besides administrative matters. Salaries are set by statute of the jurisdiction, and are paid by the taxpayers.
Who appoints the cabinet and 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 is the salary of a judge in South Africa?
Remuneration of judges
In the case of Constitutional Court or Supreme Court of Appeal judges, the monthly salary amounts to R188,367 (equivalent to R2. 26 million annually), while High and Labour Court judges receive a monthly salary of R153,047 (equivalent to R1. 83 million annually).
How does Nigeria appoint judges?
~hll the judges of the Federal High Court/Federal Court of Appeals are appointed by the President of Nigeria with the approval of the Senate. Ten years of experience on the bench is required before a lawyer is appointed judge to this court. The Chief Justice of the state High Court is appointed by the State Governor.
Who employs judges in South Africa?
Then the President, after consultation with the Chief Justice and the leaders of political parties represented in the National Assembly, chooses the judges from this selection. The judges ordinarily serve for a non-renewable term of between 12 and 15 years. The first judges were appointed in 1994.
At what age do judges retire in South Africa?
A Constitutional Court judge will serve for a period of 12 years or until the age of 70, whichever comes first.
Are there any white judges in South Africa?
As of February 2023, there are 253 judges, of which 113 are women (45%). Additionally, 42 are white men (17%), 39% are black men, 13% are white women, and 32% are black women.
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.
What do you call a female judge?
How to Address a 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.”
Who can fire a judge?
Only Congress has the authority to remove an Article III judge. This is done through a vote of impeachment by the House and a trial and conviction by the Senate.
Can a judge overrule a magistrate?
The judge may conduct a hearing, take additional evidence, or refer the case back to the magistrate for a new trial. The judge will agree (sustain), disagree (overrule), or change the magistrate's decision and enter a final judgment.
Can you sue a judge for violating your civil rights?
In essence, absolute immunity provides these officials with freedom from lawsuits, allowing them to invoke this protection through pretrial motions. For instance, judges and judicial officers in California enjoy a broad scope of absolute immunity that remains intact, even in light of the state's tort claims act.
Who can hold judges accountable?
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitutionopens in a new window.
Can a bad judge be removed?
The California Commission monitors all state judges on Judicial Performance. If a judge commits misconduct or violates an ethical rule, they can be suspended or removed from the bench entirely.
Who banned apartheid in South Africa?
The end of legislated apartheid
In a more fundamental shift of policy, however, the government of South African Pres. F.W. de Klerk in 1990–91 repealed most of the social legislation that provided the legal basis for apartheid, including the Population Registration Act.
What countries do not have a jury?
No Jury System
Some examples include Chile, India, Mexico, the Netherlands, and South Africa. A judge or panel of judges may render verdicts in these countries. Several countries officially abolished the use of juries, such as South Africa. In some countries, jury trials are permitted under law but not used.
Why doesn't South Africa have jury trials?
South Africa abolished jury trials in 1969, while the country was under apartheid, due to fears of racial prejudice by white jurors. Pistorius will be tried in a high court in Pretoria by Thokozile Matilda Masipa — the second black woman appointed to the bench since apartheid ended.