Judiciary System In Africa
The judicial system in Africa evolved from Roman-Dutch law with a generous bit of helpful influence by the English law as well. They also have a law derived from the native practices, and this law is called the African customary law. |
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The state president appoints the judges. They no longer have trial by jury. They got rid of that system in 1969. The Constitution of South Africa was set up in 1996, and it enforces law and conduct. There are courts of various levels -- the Supreme Court with its court of appeals, the magistrate courts, high courts and a constitutional court.
The constitutional court is the highest in the hierarchy for constitutional matters, and allows fair public trial, and the right to appeal its decision. There are also divorce courts and children’s courts for the natives.
There is a mix of the modern and traditional. There are still some villages which govern themselves. However, the legislative government has set up lower courts for the convenience of the people. They uphold peace with four steps which is reflected in their courts as well. It is an indigenous system, and it goes as follows -- peaceful settlement of disputes by non-violent methods, compensation for wrongdoings except when the crime was severe like murder, intercession by impartial elders, and fourthly a standard of fairness.
Though the system seems to be complex, it is actually well established and highly unified. The system is also becoming more independent as interference from other branches of the government is slowly decreasing with time.
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