REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA organs of state and people to whom it applies. Judges in the various courts are appointed by the President in consultation with the Judicial Service Commission, the leaders of parties represented in National Assembly, and, where relevant, the President of the Constitutional Court. The Judicial Service Commission includes the Chief Justice, the President of the Constitutional Court and the Minister of Justice. It is a widely representative body, with the transformation of the judiciary remaining one of government's key priorities. 515. As at the end of 2011, of the 233 judges countrywide, 39 % (91) were white, 40.34% (94) were African, 10.30% (24) were coloured and 10.30% (24) were Indian. Overall 75 (32.19%) were female and 159 (68.24%) were male. 516. Judicial officers in the lower courts are appointed by the Minister of Justice & Constitutional Development on the advice of a Magistrates’ Commission, created by statute. Much progress has been made in the transformation of the magistracy. As to the lower courts, of the 1666 magistrates, 43% were white, 41% African, 8% coloured and 9% Indian. Overall 38% were female and 62% were male. 517. The Constitution Seventeenth Amendment Act of 2012 and the Superior Courts Act, 2013272 were passed by the fourth democratic Parliament. The Constitution 17th Amendment Act affirms the Chief Justice as head of the judiciary who as a consequence thereof becomes responsible for judicial functions performed by judicial officers of all courts, including magistrates. The Superior Courts Act, 2013273 provides a legislative framework on how the Chief Justice performs the judicial leadership role as well as the management of judicial functions of Superior Courts. Central to these developments was the establishment of the Office of the Chief Justice. These significant reforms which also include the extension of the powers of the Constitutional Court, making it the apex court in our country, occurred during the fourth administration under the leadership of President Jacob Zuma. 518. The South African Judicial Education Institute Act, 2008274 establishes an education institute for the judiciary so as ensure that the judiciary is properly skilled to implement this right. This reform is intended to establish a separate court administration for the judiciary as a separate branch of government. 519. A number of cases regarding the independence and role of the judiciary were handed down during the period under review.275 272 Act No. 10 of 2013 Act No. 10 of 2013 274 Act No. 14 of 2008 275 Bato Star Fishing (PTY) LTD v Minister of Environmental Affairs and Others 2004 (4) SA 490 (CC): This case dealt with the separation of powers between the judiciary and the executive. Soller v President of the Republic of South Africa and Others 2005 (3) SA 567 (T) provides that Judges are required to adjudicate matters fearlessly and are only able to do so if protected against non-meritorious actions. 273 140