Section 8.26 provides for the process of removing a judge from the bench, whereby the president will make that decision based on the recommendations of a tribunal which the president chooses alone. Judicial review Provision institutions democracy of independent that support ( There must be constitutionally provided independent institutions that support democracy  Section 8.6 (3) empowers the constitutional court to make a final decision whether an Act of parliament or conduct of the president or parliament is constitutional.  Section 8.10 (1) (c) mandates the High court to decide on constitutional matters except those that exclusively fall under the jurisdiction of the constitutional court.  Through chapter 12, the draft provides for the establishment independent commissions with very wide objectives that are focused on supporting democracy and constitutionalism and securing the observance of democratic values by state There is need for further checks and balances to ensure that the members of the tribunal are not the president’s loyalists, who will be used to get rid of judges who are objective. Therefore this procedure is still weak and can be used to undermine judiciary independence. In keeping with regional and international best practices, the COPAC draft gives effect through these provisions to the principle of constitutionalism which requires that the judiciary must have the power to review legislation and conduct against the constitution; invalidate such conduct or legislation that is found inconsistent with the constitution. The COPAC draft provides for these institutions in a manner that guarantees their independence, impartiality, adequate funding and they have been given a constitutional mandate that is wide enough for them to achieve their purpose of supporting democracy. However 22

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