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Elmien du Plessis | Managing impartiality and vulnerability of the judiciary

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Constitutional Court
Constitutional Court
Felix Dlangamandla, City Press

Judges are people of flesh and blood; they breathe, they have worldviews, shaped by experience, their upbringing and often religion. When a judge puts on her toga, she brings all those things with her to the bench. This does not necessarily imply that judges have agendas. But it does force us to think about neutrality and impartiality, writes Elmien du Plessis.

When judges pronounce on the law, it is a complex process of ascertaining the law, then applying the law to a specific set of facts at hand. Judges in this sense not only interpret the law, but also have to interpret facts to which the law applies.

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