 What is the judiciary? Welcome to the Civics Academy governance series. In these videos, we explore different aspects of democratic governance and the concept of the separation of powers as one of the key features of democracy. In this video, we look at the third branch of government, the judiciary, its responsibility and tasks. Democracies are characterized by the separation of functions and powers between the three branches of government, the legislature, the executive and the judiciary. Each branch checks the power of the other two so that there is a balance of power between them. The judiciary interprets and applies the law, including the Constitution, and ensures that the other two branches comply with it. In this way, the judiciary checks the exercise of power of the legislature and the executive. The judiciary is composed of various courts across the country, presided over by judges and magistrates. The courts decide disputes and apply the Constitution. Chapter 8 of our Constitution defines the structure of the South African judicial system. At the top of the system is the constitutional court. Below it is the Supreme Court of Appeal and the various high courts in the provinces. These courts are presided over by judges. Below the High Court, you find regional and district courts presided over by magistrates. The Constitution also allows for the creation of specialized courts, like the Labour Court and the Equality Court. We explain the function of the Equality Courts in more detail in our video, how to use the Equality Court to challenge discrimination. In a democracy, the courts must be independent and subject only to the authority of the Constitution and the law to be able to make impartial decisions and not be influenced by political or personal considerations. In other words, they must make decisions based only on the facts and the law relating to a particular case. In one way, the courts do a similar job to the referee of a soccer match. A referee has to enforce the rules to ensure the game is fair and the players do not break the rules. But the task of the courts goes further. They must ensure that justice is done. Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair, impartial and independent court. It is the system's duty to make sure that the laws of South Africa are complied with by everyone, including the legislature and the executive. For example, when the national or one of the provincial legislatures passes a law, a High Court can declare the law or parts of it unconstitutional and invalid. If this is confirmed by the constitutional court, the law has no force and effect, as if it was never passed. The courts can similarly declare invalid the actions of the national or provincial executive. This is why the judiciary has to be impartial and non-political, while the other two branches of government are made up of politicians who work along the lines set out by their particular party. Because judges and magistrates must be independent and impartial, it is very important that they are appointed in a different manner than MPs or cabinet ministers. In South Africa, the Judicial Service Commission, JSC, a body established by the constitution, plays an important role in the appointment of judges. It further advises the country's national government on any matters relating to the judiciary and the administration of justice. Summary The judiciary is composed of various courts within a democratic state, and the judges and magistrates who sit in the courts of South Africa. The judiciary does not introduce or pass any laws, but it is meant to interpret the law and apply the constitution. The judiciary must apply the law fairly and without fear, favour or prejudice to all disputes brought before it. It also interprets the constitution and declares invalid any laws passed by the legislature or action taken by the executive that is in conflict with the constitution. To fulfil its role, the judiciary must be strictly independent and impartial. Judges cannot promote the interests of a political party or an individual. The decisions of judges and magistrates are subject only to the constitution and the laws of South Africa. They cannot be interfered with by the executive or the legislature.