My document talks more about legal skills. In talks about adjudication and other things that one will learn when doing legal skills in school. It is very understandable and easier to read . It is concise and straight to the point
• Adjudication refers to a process whereby parties to a legal dispute refer
their matter to an impartial and independent arbitrator to decide their
dispute in accordance with the applicable law;
• Adjudication echoes the right of access to courts enshrined in section
34 of the Constitution;
• The right to access to courts promotes at least two fundamental
principles:
➢ That no one is permitted to take the law into their own hands and
the provision of self-help;
➢ That anyone has the right to challenge the legality of any law or
conduct;
• However, in order for these goals to be realized there must exist an
independent and impartial institution to which these disputes would be
referred;
• This assigned to the judiciary;
• To this end S165 vests the administration of Justice on the courts;
• S165 (2) provides that courts are independent and they must apply the
impartially without fear, favour or prejudice.
, INDEPENDENCE AND IMPARTIALLY OF THE JUDICIARY
• An independent court is one that exercise its powers without
interference;
• The court must reach the whatever outcome without any outside
influence;
• In other words, the Judge must have the complete liberty to hear and
decide cases that come before him or her;
• The test for whether the court is independent is whether the reasonable
and informed person will perceive the court as enjoying the essential
conditions for independence;
• The test is objective not subjective;
• The essential conditions for Independence include among others
➢ Other branches of state must not interfere with the functioning of
the court (Institutional Independence);
➢ That Judges must enjoy security of tenure;
➢ Basic degree of financial security;
➢ Control over administrative decisions that bear directly and
immediately on the exercise of judicial functions;
➢ Individual Independence refers to the requirement that Judges
decide cases Independently and Impartially on the basis of facts
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