John David Phillips
Phillips' retirement speech generated debate in Victoria on judicial independence. In the Australian experience, government is separated into three branches, the executive, legislative and judicial branches. Each branch is independent of the others, and is recognised in the Australian Constitution at the federal level. Phillips on his retirement was critical of the intrusion of the executive into the work of the courts, being the judicial branch. For example, the Supreme Court was referred to as "Business Unit 19" by the Victorian Government. Phillips did not suggest that the Victorian Government would attempt to influence directly a decision of the court. However, there appeared to be "What is evolving ...a perception of the court as some sort of unit of functionary within the Department of Justice”.
Civil procedure in South Africa
The magistrate's courts are the lower courts in South Africa. These are so-called "creatures of statute", governed by and created under the Magistrates' Courts Act, and therefore do not have inherent jurisdiction. This means that they may only hear matters prescribed by the Act. There are two kinds: the district Magistrate's Court and the Regional Magistrate's Court. The Republic of South Africa is divided into magisterial districts and regional divisions, and each has a magistrates' court. The Regional Court was previously only a criminal court; however, since August 2010, it has also had civil jurisdiction. Matters in the magistrate's court are presided over by a magistrate under the leadership of a Chief magistrate.