THE APPOINTMENT OF ACTING JUDGES IN SOUTH AFRICA AND LESOTHO

Abstract

The appointment of acting judges is a common practice in many Commonwealth countries, including South Africa and Lesotho. The practice has been criticised as infringing judicial independence. This article explores this criticism with reference to the recent decision of the Lesotho Court of Appeal in Sole v Cullinan, and the Report of the United Nations Special Rapporteur for the Independence of Judges and Lawyers’ fact-finding mission to South Africa in 2000.