John David Phillips
Phillips is not alone in his criticism of government. He received support in 2006 when retiring judge William Ormiston agreed with Phillips’ comments. Chief Justice Marilyn Warren responded to the criticism by saying that "bureaucrats did not tell her what to do". Warren noted that whilst there were disagreements between her and the government from time to time, the judges run the courts, not public servants. Warren said
"The court, as part of our structure of government, is independent. As part of Victoria's constitutional arrangements, the Supreme Court is the third arm of government."
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.