Another war of words is currently being waged on the streets of South Africa. Ostensibly over the rule played by the courts in implementing the changes envisioned in the constitution. In typical fashion, considering that the majority of attacks on court. Decisions are coming from the top members of the ruling African National Congress (ANC). The first salvos were fired by a minister of the cabinet. The minister of tourism Lindiwe Sisulu in a recent piece of opinion published in media.
In her piece she clearly tries to escape the ANC’s (the ANC’s) directly accountable. For their failures over the last 27 years in implementing programs and policies. That would have offered socio-economic rights as well as services to reduce inequality and poverty.
Apart from calling certain judges of African descent mentally colonised and house negroes. Sisulu also tossed in a rant about imperial imposed laws and the denial of African values. She criticized legality with special disdain.
It’s odd that most politicians proclaim their adherence to the rule of law. Even when they do not adhere to it in actual practice. Thus, refusing to respect it could breach one of the basic tenets of any democratic constitution.
Let’s take a closer look at the significance of legal rule and how it came to be the preferred. Base for constitutional democratic governance all over the world in the last century https://188.8.131.52/.
Law And Order Rule
The origins of modern-day rule of law can usually be trace back to the work of Dicey. The English Constitutional lawyer A.V. Dicey. The author of the book Introduction to the Study of the Law of the Constitution (1885). Dicey established the law of the land in the following manner:
Absolute dominance in lawful laws, as opposed in the direction of arbitrarily imposed powers. The term rule of law refers to the same thing. Equal rights before law or the equal submission of all classes to regular. Law of the land that is administer by the normal Law Courts. The rule of law is in this sense excluding the notion of an exempting. Officials or other individuals from the obligation to adhere to the law, which applies to the other citizens.
Dicey added a third element to this definition, pointing out it was in England. The law of the land was establish by popular struggle of the ordinary citizen. This is in line in South Africans’ experience in fighting against apartheid.
Following the Second World War laws and order was the primary theme for many social and political movements.
Famous Marxist Socio-Historical Rule
The famous Marxist socio-historical scholar E.P. Thompson claim (in 1975) the rule of law, which those in power were compel to rule through law, and not through the abuse of force, is an achievement that was of global significance. Thompson was skeptical about the laws, but came to this conclusion after studying the popular protests which was wage by the common people of England against the unjust laws that were irregularly implement.
The power for the principle of rule of law increased when it was expand to include socioeconomic rights. This was cause by the rapid decolonisation process in the 1960s and the growing pressure from the new independence Asian and African democratic democracies.
Law and order became the anthem for the democratic and fair exercise of power by the public as bolstered by the law and the fundamental right. A South African lawyer who was one of the country’s most renowned intellectual lawyers Tony Mathews, refined Dicey’s definition (1975) by laying out the conditions for what qualifies law law and by insisting on the equal protection of all fundamental rights and liberties.
Law And Accountability Rule
The rule of law in the present has seen a significant improvement since it was first established. It has been able to respond to the struggles of those who are fighting the autocratic rule of imperialism across the world.
It is now demanding not just the rule of law but also the protection of fundamental rights. Requires that those in public office have to be accountable for their decisions as well as actions. They have to justify any deviations from legal and constitutional orders before an impartial and independent legal tribunal.
The apartheid system of the past claimed that it was in compliance with the law of the land. However, it clearly didn’t: although it was largely govern with the law laws that it enact did not conform with the widely accepted concept regarding the principle of law.
Particularly, many of the laws of South Africa were based by race inequality and the suppression of fundamental rights and liberties to all. In this context the demands made by activists against apartheid in South Africa over many decades to ensure the rule of law aren’t shocking.
The ANC was adamant about the power of government restrict by laws by its Freedom Charter and 1988 Constitutional Guidelines. There was a lot of support in the constitutional talks in the early 1990s in favor of the law and order as a fundamental quality of the post-apartheid democracy system.
The 1996 Constitution States Section 1
South Africa is one, sovereign, democratically-governed state based upon the following principles. Supremacy of the constitution and legal system. It often used by all judicial officers, especially when they are attempting to hold the public and executive administration accountable for their of power in the public interest.
Rule of Law is a universal standard for evaluating the accountability of the government for legal, effective, reliable and honest supply in the provision of products and services. This is the corrupt use in power which has been commonplace in the public sector from around the year 2010 (under the former President Jacob Zuma) that threatens the stability of the law of the land. If it wasn’t due to the numerous court decisions affirming the law of the land, the nation would be in a much worse situation today.