Magistrates are adjudicators that are required by law to make decisions without fear or favour, affection or ill will. They must be able to operate without fear for their security.
In short, they will not be able to perform their responsibility in accordance with the Constitution so long as they have concerns for their security.
Section 120 subsection (3) of the Constitution states:
“In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law and, save as is provided in this Chapter shall not be subject to the control or direction of any other person or authority. “
In other words they cannot be independent and impartial if they have security concerns not only from an authority but any other person.
