The Judicial Role in the Legislative Lawmaking Process in Africa: the South African Case

Abstract

The independence of the judiciary is crucial for an effective functioning democracy. Yet, the questions are; what is the role of the judicial system in the legislative lawmaking process, which is supposed to be an exclusive constitutional responsibility of the legislatures? How does the judiciary account and in what manner? Reviewing literature and using data from focus group interviews with relevant stakeholders in South Africa, this study tries to solve this dilemma posed by the doctrines of separation of powers and checks and balances in a constitutional democracy. The paper found that in practice the South African judiciary plays a very minimal role in the legislative lawmaking process. Its role is only limited to judicial interpretation and review of government policies. In addition, it has been found that the judges of the courts only account directly to the law.