Constitution of the Republic of South Africa, 1996
Judicial authority
- Jurisdiction
- South Africa
- Provision
- 165
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) The judicial authority of the Republic is vested in the courts.
(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.
(3) No person or organ of state may interfere with the functioning of the
courts.
(4) Organs of state, through legislative and other measures, must assist and protect
the courts to ensure the independence, impartiality, dignity, accessibility and
effectiveness of the courts.
(5) An order or decision issued by a court binds all persons to whom and organs of state
to which it applies.
(6) The Chief Justice is the head of the judiciary and exercises responsibility over the
establishment and monitoring of norms and standards for the exercise of the
judicial functions of all courts.
[Sub-s (6) added by s. 1 of the Constitution Seventeenth Amendment Act of 2012.]
Source record
Source and verification
Constitution of the Republic of South Africa, 1996 · justice.gov.za · Retrieved 17 August 2026.
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