Comparative analysis of judicial independence in Zambia and South Africa : security of tenure, appointment and removal procedures

Abstract

The principle of judicial independence has been described in the case of Law Society of Lesotho v The Prime Minister and Another, as requiring judicial officers to be free to make their decisions without depending on the influence of another or any external pressure. The judiciary only owes its loyalty to the constitution and the law in the way it dispenses with justice. One of the requirements of the principle of judicial independence is appointing judicial officers in an open and transparent manner.2 Those appointed should be men and women of dignity and integrity who are able to hold the executive, the powerful, the rich and the poor accountable if they contravene the prescription of the law.3