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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Chapter 8 - Courts and Administration of Justice

165. Judicial authority

 

 

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.

 

4) Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.

 

5) An order or decision issued by a court binds all persons to whom and organs of state to which it applies.

 

6) The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.

[Sub-section 6 amended by section 1 of the Constitution Seventeenth Amendment Act, 2012 (Act No. 72 of 2013)]