Rule of Law/Law Articles
Current Articles


Sort Date Author Title

The rule of Anu and Bel

 07 Jun 17
“(And) then Anu and Bel (both gods) called by name me, Hammurabi, The Exalted Prince, who feared God, to bring about the rule of righteousness in the land.…

The Hate Speech Bill: another instalment in the march towards tyranny

 22 May 17
A curious right that has emerged from the rights culture of the past 70 years is the right to be not offended.…

Lipservice or participatory democracy?

12 Apr 17   Martin van Staden
The subjugation of black South Africans to arbitrary, discretionary rule by officialdom and the whims of politicians was one of the hallmarks of apartheid.…

South Africa’s Rule of Quasi-Law

05 Apr 17   Martin van Staden
Quasi-law has become the norm in South Africa, with Parliament acting as a delegator of powers rather than the representative law-making body it is supposed to be.…

Media release: Time allowed for public participation on ICC withdrawal inadequate

28 Feb 17   Free Market Foundation
The Department of Justice and Constitutional Development invited public comment on government’s intention to withdraw from the Rome Statute of the International Criminal Court on 14 February 2017, with the deadline for comment set at 8 March 2017.…

The inviolable sanctity of individual liberty

22 Feb 17   Temba A Nolutshungu
“For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others” Nelson Mandela.…

Business Day column: Hate speech law may well curb all manner of freedoms

22 Feb 17   Leon Louw
Beware — if the hateful hate speech bill is enacted, telling someone that they induce the episodic levator ani syndrome variant of proctalgia funaxal sacrococcygeal distress in your pubococcygeus could have you jailed for a whole three years.…

New SA criminalising hate-speech bill goes too far

17 Feb 17   Gary Moore
The Department of Justice has invited the public to comment on a draft parliamentary bill containing a clause that would create an offence of "hate speech".…

Ever expanding governments breed corruption

15 Feb 17   Rex van Schalkwyk
Publius Cornelius Tacitus, who lived during the first century AD, gave this warning: “The more corrupt the state, the more numerous the laws”.…

Three most-overlooked provisions of the Constitution

08 Feb 17   Martin van Staden
The Constitution exists in the abstract to most people. They know there is a document, somewhere, with a list of principles and values which protects them from… something, but what it actually says and how it is set out, is not known to most.…

Media release: New Hate Speech Bill turns petty insults into a crime with 3 years in jail

31 Jan 17   FMF Media Release
Saying, “All politicians are thieving liars” or “All lawyers are blood-sucking parasites”, may land you in jail for up to three years if the proposed Prevention and Combating of Hate Crimes and Hate Speech Bill is passed into law.…

Liberal intolerance

24 Nov 16   Rex van Schalkwyk
There is an echo of the post Brexit rebellion in the street protests that have occurred throughout the United States following the election of Donald Trump.…

Health Act does not adhere to the rule of law

02 Nov 16   Martin van Staden
Government’s National Health Insurance (NHI) proposals have dominated the headlines over the past months.…

Sovereign immunity: Are heads of state immune from criminal prosecution?

25 Oct 16   Rex van Schalkwyk
There is a widely held view that the obligation of President Jacob Zuma to account for his past criminal misdeeds is restricted to the 783 charges arising from his relationship with Schabir Shaik.…

Student protests violate the Freedom Charter

19 Oct 16   Mark Oppenheimer
While students burn buses and loot shops, social media pundits are hurling abuse at Vice Chancellors and the police.…

Business Day column: We have a new mechanism to make better laws – but it is not working

11 Oct 16   Leon Louw
When President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…

The Hawks, the N.P.A. and the rule of law

05 Oct 16   Rex van Schalkwyk
The National Prosecuting Authority (N.P.A.) has a duty, both at common law and under the constitution, to perform its obligations without fear, favour or prejudice.…

Business Day column: We have a new mechanism to make better laws — but it is not working

15 Sep 16   Leon Louw
WHEN President Jacob Zuma contracted a pool company to build a fire-pool at his Nkandla mansion, they arrived, pottered around for days, got paid and left.…

Media release: The good, bad and unfinished business – SEIAs

26 Jul 16  
“Where are the Socio Economic Impact Assessments (SEIAs) promised by the Cabinet in October 2015?…

Brexit: EU pays the price for messing with British law and traditions

06 Jul 16   Eustace Davie
Brexit is the consequence of a clash of fundamental legal/philosophical values that are not visible to the casual observer.…

The crucial role of moral authority and governance in corporate, political and economic leadership

29 Jun 16  
Real freedom promotes creativity and innovation, and if there is one thing South Africa needs more than anything today it is innovation in the economy, in politics and in society at large.…

‘Struggle bookkeeping’ and ‘ubuntu smuggling’ usual public servant offences

27 Jun 16   Rex van Schalkwyk
IN MARCH 1997, then justice minister Dullah Omar was an eager participant in a welcoming party at Cape Town International Airport for the returning fraudster and eminent ANC activist...…