ABSTRACT
This chapter offers a narrative of the role of the judiciary in governance. It discusses the structure of the courts and their jurisdiction. It then analyses the structure of the judiciary and its relationship to the executive. This chapter also examines the concepts of judicial independence and judicial power. It finds that the judiciary is excessively influenced by the executive, a situation which results in the absence of judicial independence. The chapter highlights the fact that although the status of the judiciary was elevated by the 1996 Constitution from an ‘authority’ to a ‘power’, the judiciary did not transcend its historical limitations due to excessive executive interference. Consequently, the judiciary is often incapable of exercising effective oversight of the executive or effectively safeguarding human rights.
