Can the Judiciary be Independent and Accountable ?
At first or even second glance one might answer the question whether the judiciary can be both independent and accountable, negatively. However there is evidence showing that not only is this possible but there are methods that can guarantee it. This essay will firstly give reasons as to why one could doubt that judicial independence could co-exist with judicial accountability. It will then discuss and explain a number of methods that can ensure that co-existence. Unlike with Legislature, the people do not democratically elect the South African judiciary. Its function thus does not include representing and fulfilling the wishes of the majority. In fact it is one of the principles of independence that the majority's view of an issue should not play a decicive role in the decisions of judges . Therefore in the name of independence, trhe judiciary is not accountable to the majority. Accountability to the Executive and the Legislature is only briefly mentioned in the Constitution . Section 177 states that a judge may only be removed from office if the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct. Even then, a vote of two thirds majority of the National Assembly members is needed to g
(1) ensuring that executive power is exercised according to the law; and So then should judicial independence be scrapped in order to force judicial accountabilty? No; because judicial independence is necessayr for et the judge removed. To embark on such a rigid and drastic measure is so much of a mission that most people would shy away from it. So here one sees the judiciary having great accountability powers of constitutional and judicial review over the executive and legislature who in turn would have to go to great lengths and make the judiciary accountable to them as a whole. If the judicairy was extensively accountable to the majority then these functions would be impossible to carry out. Say for instance the majority in Zimbabwe wished for President Mugabe to continue invading white-owned farms, the judiciary would have to adhere to their wishes and accept the legality of the act, irrespective of the wishes of the minority.
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Approximate Word count = 1123
Approximate Pages = 4 (250 words per page double spaced)
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