Judges should only follow the law and not be influenced by anyone else.

The court examining your case must be independent. This means that in making a decision the judges should only follow the law and not be influenced by anyone else.

Independent court system

Independence means that the court system (judicial power) is separate from the government (executive power) and the parliament (legislative power). Certain unavoidable influence in the functioning of the court system will not automatically make the courts unfair. What matters is that judges are not influenced while making decisions in any particular case they are hearing. 

example This means that although the Ministry of Justice develops policy in judicial matters, it does not mean that the courts are not independent.

Independent judges

Independence also means that other participants in the case cannot exercise their influence or pressure judges in their decision making. 

example A judge cannot consider a case in which one of the parties is the president of the court in which he/she works.

Disqualification of a judge

It is not sufficient for the court to be formally independent; it also has to work in a way that the parties to the case or the public have no doubts about its independence. Where you can show that you have well-grounded doubts about the independence of a judge, it should be enough to have a judge disqualified. 

The Administrative Violations and Sanctions Act provides that the Code of Criminal Procedure has a subsidiary application at the court stage.

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Last updated 28/03/2019