South Africa’s Constitution of 1996 with Amendments through 2012
Judicial Independence
Article 165. 2. The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. […]
Judicial Council or Parallel Institution
Article 178. Judicial Service Commission 1. There is a Judicial Service Commission consisting ofa. the Chief Justice, who presides at meetings of the Commission; b. the President of the Supreme Court of Appeal; c. one Judge President designated by the Judges President; d. the Cabinet member responsible for the administration of justice, or an alternate designated by that Cabinet member; e. two practising advocates nominated from within the advocates’ profession to represent the profession as a whole, and appointed by the President; f. two practising attorneys nominated from within the attorneys’ profession to represent the profession as a whole, and appointed by the President; g. one teacher of law designated by teachers of law at South African universities; h. six persons designated by the National Assembly from among its members, at least three of whom must be members of opposition parties represented in the Assembly; i. four permanent delegates to the National Council of Provinces designated together by the Council with a supporting vote of at least six provinces; j. four persons designated by the President as head of the national executive, after consulting the leaders of all the parties in the National Assembly; and k. when considering matters relating to a specific Division of the High Court of South Africa, the Judge President of that Division and the Premier of the province concerned, or an alternate designated by each of them. […]
Attorney General’s Office
Article 179. 1. There is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament, and consisting of: a. a National Director of Public Prosecutions, who is the head of the prosecuting authority, and is appointed by the President, as head of the national executive; and b. Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament. 2. The prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings. […]