What the Position of the Judges of the High Court of the South African Republic
What the Position of the Judges of the High Court of the South African Republic
J C G Jacobus Cornelius Gideon Kotze
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It was by the adoption of such a course alone that the Legislature made it possible for the Judges to continue to discharge their duty. What independence can be expected from a Judge, who is always considering whether he may not be giving offence to the Government, that appointed him, or to certain burghers of the State, which he has the honour to serve ? What man of self-respect and culture will consent to fill an office, which involves the possibility of his being placed in the dilemma of hav...ing to choose between the dictates of his conscience, and the risk of loss of his appointment ? The inviolability of the judicial position, however, extends further. The office must be fixed and not subject to change. When the authority and dignity of the judiciary can for the moment be increased or lessened by the other high Departments of State, it is clear that pressure can be put upon the Judges to carry out the will of such other high powers. The mere possibility of such a proceeding is a menace to the judicial office.
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