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August 2026

Notes, footnotes and table of authorities

THE BENCH / 012 min read

The articles are unchanged. This page is the end-matter we use on JASA briefs: sources, statutes and the cases cited in the text.

Footnotes

1. Constitution of the Republic of South Africa, 1996, s 165 (judicial authority; independence; duty of organs of state to assist and protect the courts).

2. Constitution, s 166 (the courts include the Magistrates’ Courts).

3. Constitution, s 174 and s 178 (appointment of judicial officers; Judicial Service Commission).

4. Constitution, s 15 (freedom of religion, belief and opinion) and s 31 (cultural, religious and linguistic communities).

5. Constitution, s 27(1)(c) (social security) and s 9 (equality), raised by the SRD-grant litigation.

6. Constitution, s 165(4) and s 165(6) (organs of state must protect the courts; Chief Justice is head of the judiciary for norms and standards in all courts).

7. Magistrates Act 90 of 1993, including s 12 (remuneration of magistrates, determined by the President and approved by Parliament).

8. Judges’ Remuneration and Conditions of Employment Act 47 of 2001.

9. Births and Deaths Registration Act 51 of 1992.

10. Legal Aid South Africa Act 39 of 2014 — for context only; this newsletter is not a Legal Aid manual.

11. Presidency remuneration schedules for judges and magistrates with effect from 1 April 2025 (4.1 percent adjustment).

12. Mr Karikan, interview, Newzroom Afrika, June 2026 (retirement and accountability).

13. Mr Karikan, Radio Al Ansaar, February 2026 (death certificates, identity fraud, Muslim burial rights).

14. Mr Karikan, statement on the evolution of JASA, Rising Sun / JOASA platform, February 2026 (the covenant).

15. SADAG 24-hour line 0800 567 567; SMS 31393. Emergency 10111.

Table of authorities

Authority

Use in this edition

S v Makwanyane 1995 (3) SA 391 (CC)

Certification of the Constitution 1996 (4) SA 744 (CC)

Dignity; ubuntu

Judicial independence in the public interest

De Lange v Smuts NO 1998 (3) SA 785 (CC)

Structural independence

President of the RSA v SARFU 1999 (4) SA 147 (CC)

Van Rooyen v The State 2002 (5) SA 246 (CC)

Recusal — reasonable apprehension of bias

Magistrates are judicial officers; conditions of service

Justice Alliance of SA v President 2011 (5) SA 388 (CC)

University of Stellenbosch Legal Aid Clinic [2016] ZACC 32

Tenure of judicial office cannot be rearranged by

convenience

Access to justice; emoluments attachment (context)

Citations follow the ordinary South African mode. This table is a reading list for members, not a list of cases decided in this newsletter.

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