The Court held that provincial court judges had sufficient independence. The Court stated that a judge needs to be impartial and independent. Impartiality is "a state of mind" while independence is the quality of the relationship the judge has with the executive. The Court went on to say that even if a court acts as if it is independent, if its "objective status" does not match that of an independent court section 11(d) is triggered. Thus, section 11(d) can be considered through a test in which one asks whether it seems reasonable to believe a court is independent. This thus ensures the court has "respect and acceptance."