An Investigation into the Public Policy making Role of the Judiciary: Case of South Africa
Nothing is fundamental to the quality of life than the process of public policymaking. It is an indispensable public management function which the South African government is duly-bound to perform so as to alleviate the complex array of its development problems. The paramount idea behind the study was to investigate whether the judiciary as an organ of the South African government is playing a role in public policy making under the current 1996 Constitution of the country. The inquiry is the direct repercussion of the formidable gauntlet of divergent and conflicting ideas that include but not limited to the claim that the judiciary does not play a role in public policymaking because of the theory of separation of powers – a theory propounded by Charles Montesquieu, the French philosopher of the yesteryears.

