- Judicial Service Commission (JSC)
- Magistrates' Commission
- SA Law Reform Commission (SALRC)
- Rules Board for Courts of Law
- South African Board for Sheriffs
- Legal Aid South Africa
Judicial Service Commission (JSC)
The JSC was established in terms of Section 178 of the Constitution. Its function is to select fit and proper persons for appointment as judges and to investigate complaints about judicial officers. It also advises government on any matters relating to the judiciary or to the administration of justice.
When appointments have to be made, the JSC publishes a notice giving details of the vacancies that exist and calls for nominations. It shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public have the opportunity to comment prior to the interviews or to make representations concerning the candidates to the commission.
The interviews are conducted in public, after which the JSC deliberates and makes its decisions in private. Its recommendations are communicated to the President, who then makes the appointments.
In terms of the Constitution, the President, in consultation with the JSC, appoints the chief justice and the deputy chief justice, and the president and deputy President of the Supreme Court of Appeal.
The President appoints other judges on the advice of the JSC. In the case of the chief justice and the deputy chief justice, the leaders of parties represented in the National Assembly are also consulted.
Magistrates' Commission
The Magistrates' Commission ensures that the appointment, promotion, transfer or discharge of, or disciplinary steps against judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
In terms of the Magistrates Act, 1993 [PDF], the minister appoints a magistrate after consultation with the Magistrates' Commission. The commission also investigates grievances and complaints about magistrates and submits reports and recommendations to the minister, who in turn tables them in Parliament.
The commission has established committees to deal with appointments, misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
South African Law Reform Commission (SALRC)
The SALRC is an independent statutory body, established by the SALRC Act, 1973 (Act 19 of 1973) [PDF], which advises government on law reform. The members of the SALRC are appointed by the President on the recommendation of the Minister of Justice and Constitutional Development.
The SALRC is chaired by a judge and consists of members from the judiciary, legal professions and academic institutions. It conducts research with reference to all branches of South African law to make recommendations to government for the development, improvement, modernisation or reform of the law. This includes the following functions:
- repealing obsolete or unnecessary provisions
- removing anomalies
- bringing about uniformity in the law
- consolidating or codifying any branch of the law
- making common law more readily available.
To achieve its objectives, the SALRC is drawing up a programme in which matters requiring consideration are included and submitted to the Minister for approval. By 2011, the SALRC's programme included:
- statute law: establishing a simplified, coherent and accessible statute book
- statutory law revision: redundancy, obsoleteness and constitutionality of legislation
- reviewing the Interpretation Act, 1957 (Act 33 of 1957)
- arbitration
- family mediation
- family law and the law of persons
- custody of and access to minor children
- review of aspects of matrimonial property law
- Hindu marriages
- sexual offences: adult prostitution
- decision-making for adults with impaired decision-making capacity
- prescription periods
- review of the Law of Evidence hearsay and relevance
- electronic evidence
- review of administration orders
- specific civil action in respect of consequential damages arising from hoaxes
- administration of estates
- review of witchcraft legislation
- multidisciplinary legal practices
- expungement of certain criminal records
- the practice of ukuthwala (child abduction and forced child marriages).
Rules Board for Courts of Law
The Rules Board for Courts of Law, established by the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985) [PDF], may with a view to efficient, expeditious and uniform administration of justice in the SCA, high courts and magistrates' courts, from time to time on a regular basis review existing rules of court and, subject to the approval of the Minister, enact, amend or repeal rules for the above courts.
The Rules Board is headed by a Constitutional Court judge and has experts in procedural law drawn from the judiciary, legal profession and academic institutions.
The board's vision is:
- improving and modernising the rules of courts in accordance with technological changes and constitutional imperatives
- addressing challenges to the constitutionality of specific rules and effecting amendments precipitated by such challenges
- simplifying the courts' rules to promote access to justice
- harmonising rules of superior and lower courts
- reviewing the civil justice system to address inadequacies
- conducting legal and comparative research to determine viable solutions
- stimulating discussion with role players and interested and/or affected parties in the process of amending rules
- unifying and harmonising rules, regulations and procedures to transform the courts and to make justice accessible to all.
South African Board for Sheriffs
Sheriffs are officers of the court appointed in terms of Section 2 of the Sheriffs Act, 1986 (Act 90 of 1986) [PDF], to serve and execute court processes and court orders. Sheriffs serve and execute civil-court processes against payment of a fee in accordance with the tariffs determined from time to time by way of rules of courts made by the Rules Board for Courts of Law.
The sheriffs are regulated by the South African Board for Sheriffs, appointed by the Minister in terms of the Act. The sheriffs' profession is one of the institutions that requires attention in terms of transformation.
Some of the policy initiatives undertaken by the department to transform the sheriffs' sector ential:
- drafting amendments to the sheriffs' regulations to establish objective criteria for the appointment of sheriffs
- developing and implementing progressive measures to ensure that communities living in underdeveloped areas have equal access to the services of a sheriff to enjoy the equal benefit and protection of the law as required by the Constitution
- modernising the civil-justice system
- implementing training and capacity-enhancement programmes to establish an accountable and competent sheriffs' profession that respects and protects human rights and the principles of Batho Pele.
Legal Aid South Africa
Legal Aid South Africa provides legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is done through a system of in-house legal practitioners, and outsourcing to private lawyers (a system of judicare) and cooperation partners.
During the 2010/11, the organisation provided legal services at all criminal courts through its 64 justice centres and 64 satellite offices; legal services in 421 365new legal matters, which included assistance in 389 914 criminal legal matters and 31 451 civil legal matters; and general legal advice to 243 693 clients.
Legal Aid South Africa has prioritised the representation of children for both civil and criminal matters. In 2010, 28 115 matters taken on by the organisation were on behalf of children. As a result, dedicated children's units have been established at a number of justice centres to ensure specialised representation for children.
In November 2010, Legal Aid South Africa launched the Legal Aid Advice Line to provide telephonic primary legal advice to clients, allowing many more South Africans to access justice without having to travel to its offices.
The Legal Aid Advice Line is a toll-free number (0800 110 110) offering legal advice in five South African languages. By the end of March 2011, the line had assisted 13 926 callers.
Source: South Africa Yearbook 2011/12
Editor: D Burger. Government Communication and Information System
