This dissertation seeks to explore the judiciary as an independent and separate arm of
government. In doing so, this dissertation attempts to provide a holistic analysis of the
constitutional and legislative framework that has been established to protect both individual
and institutional inde...
JUDICIAL INDEPENDCE IN SOUTH AFRICA: A
CONSTITUTIONAL PERSPECTIVE
by
Lunga Khanya Siyo (209509051)
Submitted in part fulfilment of the requirements for the degree of Master of Laws in
Constitutional Litigation (LLM) in the School of Law at the University of KwaZulu Natal
Supervisor: Professor John C Mubangizi
December 2012
, 2
DECLARATION
I, Lunga Khanya Siyo, registration number 209509051, hereby declare that the dissertation
entitled “Judicial Independence in South Africa: A Constitutional Perspective” is the
result of my own unaided research and has not been previously submitted in part or in full for
any other degree or to any other University.
Signature: …………………………
Date: ………………………………
, 3
DEDICATION
This dissertation is dedicated to my parents, Milile Mpambaniso and Ncedeka Siyo.
, 4
ACKNOWLEDGEMENTS
I am indebted to a number of people who have directly and indirectly assisted me in writing
this dissertation. I‟d like to thank my parents, who taught me that there is no substitution for
hard work and dedication. I thank them for their wisdom, guidance and support. I am nothing
without them.
This dissertation would not have been possible without the supervision of Professor John C
Mubangizi. I am indebted to him for affording me the privilege of working with him during
the course of this year. I‟d like to thank him for his advice and invaluable lessons. Most
importantly, I am indebted to him for his incisive comments and contributions.
My sincere gratitude goes to Ms Marelie Martiz from the School of Law. Although she did
not have any involvement in writing this dissertation, she has assisted me in many other
academic endeavours. I‟d like to thank her for her encouragement and constructive criticism.
Lastly, I‟d like to thank the School of Law, under the leadership of Professor Managay Reddi,
for the privilege of allowing me to be part of this wonderful family. It has been an enriching
experience.
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