The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country.

In addition, Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair, impartial and independent court.

The South African Judicial Service Commission plays an important role in the appointment of judges and also advises the country's national government on any matters relating to the judiciary and the administration of justice.

It is a body established in the Constitution of South Africa "to advise the national government on any matter relating to the judiciary or the administration of justice"[3] and for which separate legislation has been enacted.

The National Prosecuting Authority (NPA) is responsible for the institution of criminal proceedings on behalf of the state.