Transforming the judiciary is critical for the African's progress: Africa can never assert his full independence until he is able to exercise, interpret and implement the laws that shape his environment according to his understanding of reality.
There is no doubt that the transformation of the judiciary is a fundamental pre-requisite for the African to consummate his political and economic independence. It is a necessary progressive phase in the self-actualization of the African as he takes total control of his environment. Of course this transformation will be highly contested emotionally and otherwise by any minority grouping or opposition party more out of fear for its economic and social interests than for posterity. I therefore, fully support the minister of justice, Jeff Radebe, on his estimations with regards to the transformation of the judiciary
I am definitely not a legal expert but it is quite obvious to me that the African can never claim his full independence until he is able to exercise, interpret and implement the laws that shape his environment according to his understanding of reality.
Looking at the issue of transformation of the judiciary as a lay man, I would say the interpretations and implementation of any law have been and continue to be highly dependent on the inclinations, imaginations, dispositions and historical experience of those that are given the responsibility to do so; the judiciary.
It has nothing to do with what is actually and objectively fair but what is perceived to be objective andfair given the idiosyncrasies of the judiciary and the context within which they must judge and express their opinion on what is "right".
The perceived fairness or correctness of any law and its application is hugely dependent on historical factors such as one's social standing, education, exposure and more important one's view of how the world operates. Of course one's perception and experience of racial discrimination has a huge role to play in how one perceives the world and what one perceives fairness to be. We do not have to go far of this but look at the American justice system and its treatment of black people.