By: Lizzy Ofusori
The United Nations (UN) refers to the Rule of Law as the principle that no one is above the law. English and Stapleton (authors of the human rights handbook) have also defined the Rule of Law as a state in which people are governed according to just and fair laws, which apply to all people equally and not a government decree disguised as law. According to the world justice project, one of the rule of law principles is “the process by which the laws (in a democracy) are enacted, administered and enforced is accessible, fair, and efficient.” In addition, the UN affirms that the rule of law is essential to political stability, international peace, and security. Furthermore, the rule of law helps achieve social-economic progress and development; and protects people’s rights and fundamental freedoms (UN). Over the years, the UN has fostered the rule of law at the international level by consolidating and developing a global framework of norms and standards (United Nations). In South Africa, the supremacy of the constitution and the rule of law’ is one of the founding values of the country’s democracy (Institute for security studies (ISS)). This is because the rule of law supports and ensures the protection of human rights. Democracy is encouraged when the rule of law promotes accountability of elected officials through the limitation on the exercise of power (ISS). The principle that governs the rule of law must be clear, open, and applied without preference to anyone (UN). This principle is very crucial for the success of any country as it provides a transparent national system that is to be applied justly and fairly to everyone (ISS). Without this, the system will gradually lose public trust and credibility, which will invariably increase criminality and instability, putting everyone at risk. This implies that the effectiveness of democracy in every country is determined by its adherence to the basic principles.
According to ISS, everyone is subject to equal legal rules regardless of political or economic status. However, in Maswanganyi’s publication (the author of the rule of law in South Africa), it was acknowledged that “during the apartheid era, the white South African legal community was divided on what constituted the rule of law along predictable lines.” Maswanganyi’s publication further states that “a liberal minority criticized the government for non-compliance with the doctrine of the rule of law and criticized the courts for not defending the rule of law.” However, it is essential to know that the rule of law serves the public interest. “It is a system where laws rule and not men” (as expressed by Mortimer Sellers, Professor of Law at the University of Baltimore). Hence, it is essential to understand why the rule of law matters. The following section briefly discusses some significant reasons why it matters.
Why it matters
The World Justice Project explains what a society without the rule of law looks like, which includes “Officials disobeying court orders systematically, magistrates receiving anonymous death-threats, independently-minded judges are lambasted by high-powered government officials.” Furthermore, laws designed to protect employees in dangerous workplaces are widely flouted, and bribes are commonplace (as The World Justice Project expressed it). Hence, to ensure that this does not happen in South Africa, it is essential to protect and promote the rule of law. Below are some of the benefits of promoting the rule of law.
Conclusion
The concept of “the rule of law” affects everything about the people, such as how people live and where they work (UN). Thus, a strong rule of law enables stability in society as all rights are respected and protected. The United Nations explains what to expect in a strong rule of law which includes the following:
In addition, it should be noted that everyone needs to take responsibility to protect and promote the rule of law, as suggested by the World Justice Project. For example, reporting all suspected crimes, stop paying bribes, stop speeding on the roads. Furthermore, “we can support our judges, magistrates, and court officials, most of whom work tirelessly to uphold the rule of law” (as The World Justice Project expressed it). The citizens must also hold the government and law-enforcement agencies publicly accountable.
Dr. Lizzy Oluwatoyin Ofusori is a postdoctoral research fellow at the School of Management, IT and Governance, University of KwaZulu Natal, Durban. She writes in her capacity.