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Judicial Law Making in South Africa

(7) Other bailiffs shall be appointed in accordance with an Act of Parliament, which shall ensure that the appointment, promotion, transfer or dismissal or disciplinary action taken against such bailiffs is carried out without preference or prejudice. 165. (1) The judiciary of the Republic shall be vested in the courts. The two chambers of Parliament, the National Assembly (NA) and the National Council of Provinces (NCOP), play a role in passing laws. A bill can only be introduced by a minister, a deputy minister, a parliamentary committee or a single member of Parliament. About 90% of bills are initiated by the executive branch. When is a legislative issue national and when is it provincial? 174. (1) Any duly qualified woman or man who is a competent person may be appointed bailiff. Any person to be appointed as a member of the Constitutional Court must also be a South African citizen.

c) the involvement of persons other than judicial officers in court decisions. (8) Before exercising their functions, judicial officers shall take an oath or affirm, in accordance with Schedule 2, that they will respect and protect the Constitution. 6. The President of the Supreme Court is the head of the judiciary and is responsible for establishing and supervising norms and standards for the exercise of judicial functions in all courts. (2) When appointing judicial officers, it is necessary to take into account that the judiciary largely reflects the racial and sexual composition of South Africa. Parliament is the national legislature of South Africa. As such, one of its main tasks is to enact new laws, amend existing laws, and repeal or abolish old laws. This function is governed by the Constitution of South Africa, which governs and enforces all laws and practices in South Africa. The process of passing a law can begin with a discussion paper called a green paper, which is written in the ministry or department dealing with a particular issue. This working paper gives an idea of the general mentalities that influence a particular policy.

It is then published for comments, suggestions or ideas. This leads to the development of an improved discussion paper, a white paper, which is a comprehensive statement of government policy. It shall be drawn up by the competent service or task force and the competent parliamentary committees may propose amendments or other proposals. After that, it is sent back to the ministry for further discussion, comments and a final decision. (b) procedures for handling complaints against bailiffs; and Section 77 invoices are monetary instruments (i.e., means, taxes, duties or duties) (c) makes the final decision as to whether a matter falls within its jurisdiction. (d) may, after consultation with the competent Prosecutor General and opinion, review a decision on prosecution or non-prosecution within a time limit set by the National Director of Public Prosecutions as follows: (a) refer the matter directly to the Constitutional Court; or (b) may have one or more deputy judges as chairs; and (e) any other court established or recognised by an Act of Parliament, including any court having a status similar to that of the High Court of South Africa or the Magistrates` Courts. (iii) any other matter that may be referred to it in circumstances determined by an Act of Parliament. (d) decide on the constitutionality of a constitutional amendment; Draft laws under Article 74 deal with constitutional amendments (bills amending the Constitution) (ii) any other matter if the Constitutional Court allows the appeal on the ground that the case raises a contentious question of law of general public interest which should be examined by that court, and (ii) an order suspending the declaration of nullity for any period and under all conditions; enable the competent authority to remedy the deficiency. (g) one professor of law appointed by the professors of law of South African universities; (b) heads of public prosecutors and prosecutors in accordance with an Act of Parliament.

(6) National legislation or the regulations of the Constitutional Tribunal shall allow a person, in the interests of justice and with the authorisation of the Constitutional Court: (e) two practising lawyers appointed from among the legal profession and appointed by the President to represent the entire profession;. 6. The JSC may determine its own procedure, but decisions of the Commission shall be made by a majority of its members. (k) in cases concerning a particular division of the High Court of South Africa, the Presiding Judge of that division and the Premier of the province concerned or such deputy as they may designate. (a) the establishment of units with one or two additional seats in a department; and 170.