ABSTRACT

The courts’ accountability function refers to their ability to prevent illegitimate use of political power. Judges contribute to accountable government by requiring power-holders to disclose and justify their actions and by sanctioning political authorities when they overstep the boundaries for their power as defined in the constitution, violate basic rights or compromise the democratic process.2 Courts’ accountability performance depend both on their willingness and ability to say ‘no’ when called for (manifest sanctioning), and the extent to which their decisions are respected (compliance) and actually influence political behaviour (latent authority).