The judiciary must be self-governing third main branch of government. Judicial independence requires that the judiciary should not be placed under the executive branch, even for administrative reasons only. The current practice in Eritrea that has placed the judiciary under the executive branch (the Ministry of Justice) is not in agreement with requirements of judicial independence. Even if in the absence of unwarranted interference in adjudicating cases, placing the judiciary under the executive harms the desired independent and co-equal image of the judiciary. In a continent characterized by a strong executive branch (often a one-man outright dictatorships), placing the judiciary under the executive has not helped Africa.

Hence, under any name, the judiciary should run its administrative affairs by itself. Judicial Service Commission is a common name temporarily used her. As is the practice in many countries, the Judicial Service Commission would be composed of Justices, Judges and other staff with various skills required to run the judiciary.

With the judiciary liberated from the administrative dominance of the executive, the Ministry of Justice should be confined to its traditional roles: To enforce the law and defend the interests of the country according to the law; to ensure public safety against threats foreign and domestic; to provide leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all citizens. The Minister of the Ministry of Justice could be called a Minister, as it has been the practice. The name Attorney General could then be used for a head of director within the ministry who focus on representing the country on all cases before the Judiciary.