Media Statement: South African Human Rights Commission denounces recent attacks by public figures on the independence of the Judiciary
25 February 2021
The South African Human Rights Commission (SAHRC or Commission) notes with concern the recent unsubstantiated comments made by various public figures and political leaders attacking the independence of the judiciary.
The rule of law and an independent judiciary are fundamental elements of our Constitution and cornerstones of our democracy. The Constitution states that South Africa is a sovereign, democratic state founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms, non-racialism and non-sexism; supremacy of the Constitution and the rule of law; and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.
The Constitution places great importance on the role of the judiciary in the system of checks and balances and accountability and towards protecting and promoting these values which are crucial for the transformation of the country. The judiciary further plays a crucial role in interpreting and applying the provisions in the Bill of Rights, to the benefit of all who reside in South Africa.
The importance of the principle of an independent judiciary is also affirmed in the provisions of various international treaties including the Universal Declaration of Human Rights (1948) (UDHR), the International Covenant on Civil and Political Rights (1976) (ICCPR) and the African Charter on Human and People’s Rights (1981).