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(2) The independence, impartiality and effectiveness of the courts are central to the rule of
law and democratic governance, and therefore—
(a) neither the State nor any institution or agency of the government at any level, and no
other person, may interfere with the functioning of the courts;
(b) the State, through legislative and other measures, must assist and protect the courts to
ensure their independence, impartiality, dignity, accessibility and effectiveness and to
ensure that they comply with the principles set out in section 8.4.
(3) An order or decision of a court binds the State and all persons and governmental
institutions and agencies to which it applies, and must be obeyed by them.
(4) Nothing in this section is to be
vesting functions other than adjudicating
the exercise of those functions does not
concerned in the performance of his or
independence of the judiciary in general.
construed as preventing an Act of Parliament from
functions in a member of the judiciary, provided that
compromise the independence of the judicial officer
her judicial functions and does not compromise the
8.4 Principles guiding judiciary
(1) In exercising judicial authority members of the judiciary must be guided by the
following principles—
(a) justice must be done to all, irrespective of status;
(b) justice must not be delayed, and to that end they must perform their judicial duties
efficiently and with reasonable promptness;
(c) the role of the courts is paramount in safeguarding human rights and freedoms and the
rule of law.
(2) Members of the judiciary, individually and collectively, must respect and honour their
judicial office as a public trust and strive to enhance their independence in order to maintain
public confidence in the judicial system.
(3) When making a judicial decision, a member of the judiciary must make it freely and
without interference or undue influence.
(4) Members of the judiciary must not—
(a) engage in any political activities;
(b) hold office in or be members of any political organisation;
(c) solicit funds for or contribute towards any political organisation; or
(d) attend political meetings.
(5) Members of the judiciary must not solicit or accept any gift, bequest, loan or favour that
may influence their judicial conduct or give the appearance of judicial impropriety.
(6) Members of the judiciary must give their judicial duties precedence over all other
activities, and must not engage in any activities which interfere with or compromise their
judicial duties.
Select target paragraph3
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