(2) The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. (3) No person or organ of state may interfere with the functioning of the courts. (4) Organs of state, through leg islative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts. (6) The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts . 92 . In addition , Section 174 provides for the appointment of judicial officers, Section 176 for terms of office and remuneration and Section 177 includes provisions on removal of a Judge from office. Accordingly , the Commission observes that the Respondent State's Constitution enshrines the principle of the separation of powers and seeks to ensure the independence of the Judiciary. 93. However, in spite of this , the Complainant maintains that the appointment of a Judge to the Independent Panel violates the principle of the separation of powers, because the removal of 'office bearers' is a politically charged process, which weakens the independence of the Judiciary because Judges are used in processes designed for politicians. 94. In this regard , the Commission observes that the Rules adopted by the National Assembly provide for the possible appointment of a Judge to the Independent Panel ,30 and require that in the event that the Speaker decides to appoint a Judge to the Independent Panel this is done in consultation with the Chief Justice 31 as the Head of the Judiciary.32 Therefore , the independence of the Judiciary is protected in principle , because the appointment of a Judge as a member of the Independent Panel by the Speaker is provided in the Rules under which the Panel is constituted , and further the appointment of a Judge to this Panel is done in consultation with the head of the Judicial branch of Government. 95 . Additionally , the Rules provide that the Panel "must be independent and subject only to the Constitution , the law and these rules, which it must apply impartially and without fear, favour or prejudice." 33 96. Therefore, it can be observed that the Rules seek to ensure the protection of the Independent Panel , and by extension any Judge who may be appointed as a member of the Panel , from external interference. Therefore, whereas the Independent Panel 's mandate may be a politically charged process, the Commission considers that this does not automatically violate the principle of the separation of powers .