Transformasie en die regbank: onafhanklikheid in gedrang?

Abstract

The transformation of South Africa’s judiciary is necessary and inevitable. This paper seeks to explain and discuss the concept of political transformation and its role in this process. It also seeks to establish whether a legitimate administration of justice that is efficient, accessible, accountable, just and representative of the South African community can be maintained, in the spirit of the Constitution and through a democratic process of transformation. The question is not whether transformation should occur, but what steps should be taken to ensure that transformation processes are effective, transparent and respect the independence of the judiciary.