At least the politicians might be beholden to the capitalist game, they however also possess the unenviable accountability (propraganda) drive they owe the people who placed them to speak on their behalf and speak to their needs and concerns. The judicial facade of accountability cannot claim half of this false sense of transparency. For a judge may err in law and not be accountable, but to some words a higher court might feel should follow such errant behavior by their junior - and that scolding is enough and the games can continue as if nothing happened. It can be professed that the judgment is what brings forth this accountability by the judge yet - they always have the refugee of two sides of the story and may pick whichever side suits their ultimate masters - as judges are humans they do not poses any superhuman ability to turn down money, power, admiration, cultural, religious and so forth considerations - most of which they have no idea they hold. Such refugee politicians do not posses. To compound such a travesty - is this uncomfortable thing called the judges in articulate premise. Now, i maintain that if a judge makes a proposition it inevitably stems from their unconscious and as such is laden with religious, cultural, superstitious foundations. It cannot thus be that the ultimate movement and speech prohibitors - be allowed to do the aforementioned without revealing where their conviction comes from - as the lie We are given is that it stems from the law is a baseless call, as there are two teams with the same qualifications arguing the same story from the same facts from the same precedent - and yet they want the total opposite from one another.
Say now we elect our judicial officers - they may feel that they risk the real risk especially here in South Africa of having their houses reduced to ashes. Now, it can be argued that they would thus make sure that all their judgments follow their jurisdictions convictions. Such is true accountability. Now, the higher the judgment goes is a problem which must also be borne in mind. The jurisdiction ceases to belong to the immediately affected and the circle expands.
And while I have not looked at the data on representation of judges and how qualifications are used to choose such. It would be reasonable for me to think that there should be equal representation in the highest court. Meaning that, if most of our people live under African Customary Law we should have a representative quota for the ‘judges’ who dispense justice in those areas also in the highest court. As they are not chained by the notions of the repugnancy clause and all of its implications.
If you feel it say it