Recent reports in the media about the controversial matters surrounding the Judge-President of the Western Cape High Court, Justice John Hlope and the Judicial Service Commission brought this aspect back into the limelight.

The cornerstone of a healthy democracy lies in the independence of the Court of Law.  The independence of the Court of Law is guaranteed by the Constitution.  What is the meaning of the Court of Law?

There are three important role players in a Political dispensation like South-Africa.  The legislative power must oversee the creation of laws which will result in an orderly society.  The executive power has to see to it that said laws are enforced.  This entails that different public institutions like the South-African Police Force, Correctional Services, the Department of Education, the Health Department and others, are in compliance with the law.  These laws touch on the interests of individuals and/or groups.

The last role player is the Court of Law who has to regulate the impact of legislation and the way in which it is enforced on individuals and groups in the community.  An independent authority is needed to safeguard the interests of the community.  This authority needs to decide if just decisions were made in regards with legislation and the way it is applied.  This independent authority must not be influenced by the legislative-, executive power or the individual/group of the community who are unjustly influenced in the decision-making process.  The Court of Law should therefore make decisions independently, within the framework of a legal process.

Although Judge-President Hlope is a member of the Court of Law, legal ethics dictate that he may not discuss a court case with another judge, especially when he is the chairman of a specific court case.

It was therefore imperative that the Judicial Service Commission, who had to decide whether Judge Hlope acted correctly, should have launched a proper investigation.  Judge Johan Kriegler's plea for revision in the Court was to force the Judicial Service Commission to reconsider its decision and to launch a proper investigation.

It is of utmost importance that every citizen knows that the chairmen in Courts may make decisions independently and without being influenced improperly.  If said independence and integrity can't be guaranteed, such a person should not be part of the Court of Law.