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Date: April 29, 2024 Mon
Time: 9:01 pm
Time: 9:01 pm
Results for lawlessness
1 results foundAuthor: Kane-Berman, John Title: Going Off the Rails: The Slide Towards the Lawless South African State Summary: South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post-apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions "without fear, favour, or prejudice". The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to "equal protection and benefit of the law". We are all also entitled to "administrative action that is lawful, reasonable, and procedurally fair". Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats. Lawlessness ranges from protecting the criminal, to hounding the innocent, to crushing the poor. It runs from the unconstitutional to the outright criminal, from the brazen and defiant to the negligent or ignorant. It embraces slamming down the telephone on judges as well as victimising traffic policemen who flag down celebrities. It ranges from violations of parliamentary procedure, to breaches of the Public Finance Management Act, to outright skulduggery and corruption. Its victims include taxpayers who get fleeced, mining companies whose licence applications are unlawfully denied, suppliers who do not get paid for their services, and motorists who are forced off the road by reckless government drivers. The victims also include prisoners denied medical treatment, refugees forced to pay bribes, hawkers whose goods are unlawfully confiscated, and poor people unlawfully evicted from shacks which are then unlawfully demolished. Some people are unlawfully appointed, some unlawfully dismissed, some both. Others are unlawfully denied appointment or promotion. A criminal record is no bar to appointment or promotion, even in agencies designed to combat crime. Physical torture seems to be pervasive. Perpetrators of crime often get away with it. Some victims are able to seek redress in the courts, others suffer in silence. Many cases of lawlessness are reported in the newspapers, but they are probably the tip of quite a large iceberg. The courts are the ultimate guarantors of our rights and of legality but they are insulted, their orders are sometimes ignored, and their decisions are frequently taken on endless appeals. Sometimes instead of bowing to the courts and the law, the government seeks – unlawfully – to change the law. Statutory organisations designed to apply the law are deliberately undermined, while watchdogs and whistle-blowers seeking to uphold the law are subjected to intimidation. Lawlessness predates President Jacob Zuma's assumption of power in 2009, but it has intensified during his rule as more and more people and institutions follow his example and the examples of those who condone his behaviour. Details: Johannesburg: IRR (South African Institute of Race Relations), 2016. 46p. Source: Internet Resource: Internet Resource: Accessed November 3, 2016 at: http://us-cdn.creamermedia.co.za/assets/articles/attachments/65454_going_off_the_rails_02.11.2016_.pdf Year: 2016 Country: South Africa URL: http://us-cdn.creamermedia.co.za/assets/articles/attachments/65454_going_off_the_rails_02.11.2016_.pdf Shelf Number: 144997 Keywords: Administration of JusticeCorruptionCrimeCriminal Justice AdministrationCriminal Justice SystemsLawlessness |