Portfolio Exam for Legal Philosophy LJU4801.
By
xxxxxxxxxxxxxxxxxxxxxxxxxxx
Student Number
Submitted in partial fulfillment of the requirements for the degree
LLB (Bachelor of Laws)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
2022
,ACADEMIC DECLARATION OF HONESTY
Declaration: I the undersigned:
1. I understand what academic dishonesty entails and am aware of UNISA’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work I have indicated this by using the prescribed style of
referencing.
3. Every contribution to, and quotation in this assignment from the work or
works of other people has been referenced according to this style.I have
not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own work. I did not make use of another
student’s work and submitted it as my own.
NAME: xxxxxxxxxxxxxxxxx
STUDENT NUMBER: xxxxxxxxxxxxxxxxx
MODULE CODE: LJU4804
DATE: 18 October 2022
, Question 1
1.1 Impartiality is generally understood to refer to the state of mind/attitude of a judge
or tribunal relative to the issue and parties in a particular case. Central to the
concept of impartiality is the absence of bias, whether actual or perceived. The
opposite of impartiality, therefore, is bias. What must be determined is the
objective state of mind or attitude that an adjudicator has towards a particular
matter. Judicial independence and impartiality are enshrined in the constitution
under section 165(2) which provides that the courts are independent and subject
only to the constitution and the law which they must apply impartially and without
fear, favour and prejudice1. The independence of the judiciary is a ‘distinctive
feature of a constitutional democracy and is an important feature of the doctrine
of the separation of powers. As noted above, the Constitution demands that the
courts remain independent, subject only to the Constitution and the law. As the
branch of government that applies the law, it is important that the courts are able
to apply it to the other branches of government too this gives effect to the
principle that no one is above the law, not even the most powerful political actors
in society.
1.2 Section 14(1) of the Judicial Services Commission Act provides that any person
may lodge a complaint against a judge, and that the grounds for this are
incapacity giving rise to a judge's inability to fulfil his duties in accordance with
prevailing standards2. According to section 14, gross incompetence or gross
misconduct, as envisaged in section 177(1)(a) of the Constitution 3.
1
Section 165 of the Constitution of the Republic of South Africa.
2
Judicial Services Commission Act 9 of 1994.
3
Section 177 of the Constitution of the Republic of South Africa.
By
xxxxxxxxxxxxxxxxxxxxxxxxxxx
Student Number
Submitted in partial fulfillment of the requirements for the degree
LLB (Bachelor of Laws)
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
2022
,ACADEMIC DECLARATION OF HONESTY
Declaration: I the undersigned:
1. I understand what academic dishonesty entails and am aware of UNISA’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work I have indicated this by using the prescribed style of
referencing.
3. Every contribution to, and quotation in this assignment from the work or
works of other people has been referenced according to this style.I have
not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own work. I did not make use of another
student’s work and submitted it as my own.
NAME: xxxxxxxxxxxxxxxxx
STUDENT NUMBER: xxxxxxxxxxxxxxxxx
MODULE CODE: LJU4804
DATE: 18 October 2022
, Question 1
1.1 Impartiality is generally understood to refer to the state of mind/attitude of a judge
or tribunal relative to the issue and parties in a particular case. Central to the
concept of impartiality is the absence of bias, whether actual or perceived. The
opposite of impartiality, therefore, is bias. What must be determined is the
objective state of mind or attitude that an adjudicator has towards a particular
matter. Judicial independence and impartiality are enshrined in the constitution
under section 165(2) which provides that the courts are independent and subject
only to the constitution and the law which they must apply impartially and without
fear, favour and prejudice1. The independence of the judiciary is a ‘distinctive
feature of a constitutional democracy and is an important feature of the doctrine
of the separation of powers. As noted above, the Constitution demands that the
courts remain independent, subject only to the Constitution and the law. As the
branch of government that applies the law, it is important that the courts are able
to apply it to the other branches of government too this gives effect to the
principle that no one is above the law, not even the most powerful political actors
in society.
1.2 Section 14(1) of the Judicial Services Commission Act provides that any person
may lodge a complaint against a judge, and that the grounds for this are
incapacity giving rise to a judge's inability to fulfil his duties in accordance with
prevailing standards2. According to section 14, gross incompetence or gross
misconduct, as envisaged in section 177(1)(a) of the Constitution 3.
1
Section 165 of the Constitution of the Republic of South Africa.
2
Judicial Services Commission Act 9 of 1994.
3
Section 177 of the Constitution of the Republic of South Africa.
