The judicial process in South Africa is hugely contested. This places an exaggerated burden on the courts to act with maximum independence and impartiality.
As a branch of government, the courts must naturally be accountable for the exercise of their power. The means of achieving their accountability must be balanced against their necessary independence.
South Africa’s Constitutional Court is in a fix. The only way to deliver social grants that support millions would be through a process that’s without validation, would be unlawful and invalid.
The retirement of Dikgang Moseneke, one of South Africa’s eminent judges and the Constitutional Court’s deputy chief justice, is a moment to reflect on the court’s place in society and his legacy.
The debate about the quality of High Court judges after the Pistorius trials reflects a different cultural clash in South Africa – one in which incompetence is often associated with black people.