Browsing by Author "Franco, Jane"

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    Ethical issues for magistrates: manual for trainers
    (2014-09-15) Franco, Jane; Miller, Karen; University of Cape Town. Law, Race and Gender Research Unit
    The manual contains readings, worksheets and teaching materials. There are also notes for trainers. This training manual was a landmark in an ongoing programme to develop an understanding of judicial ethics and to help magistrates deal more easily with the many, complicated ethical issues that arise in their day-to-day work. Many magistrates had raised concerns about their limited understanding ofjudicial ethics, the absence of any real discussion of ethical issues amongst magistrates, and the need for thorough and ongoing training in ethics. The first stage of the programme involved comparative and local research. A series of discussions with magistrates and workshops at which newly developed training exercises were tried out comprised the second stage of the programme. The production of this manual marked the conclusion of the third stage. The manual is divided into six training modules, each of which includes a discussion of the subject at hand and a number of exercises which can be used in training. Most of the examples that are included were provided by the magistrates with whom we discussed the manual or who participated in the workshops.
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    The meaning of institutional independence in Van Rooyen v the state
    (2004) Franco, Jane; Powell, Cathy
    In Van Rooyen & Others v The State & Others (General Council of the Bar Intervening) 2002 (5) SA 246 (CC) (hereinafter referred to as Van Rooyen (CC)),the Constitutional Court found that magistrates’ courts are sufficiently independent largely because the High Courts are able to protect the lower courts from executive interference through the mechanism of judicial review. Apart from providing an overview of the case as a whole, this note analyses the Constitutional Court’s reliance on judicial review in detail, suggesting that the central role accorded to judicial review betrays an inadequate theoretical conception of institutional independence.