The rule of law in South Africa is under threat. Two manifestations are:
1 Crony capitalism.
2 Confiscation of property without compensation.
Dan Mitchell and Frans Rautenbach discuss these two threats to demonstrate that international evidence shows that the rule of law is not just a nice theory. It is a bulwark of freedom separating countries that prosper, from states that ultimately collapse and fail.
An economist and a lawyer, the speakers address these crucial questions:
- What is the rule of law?
- Why is it important to free markets?
- What can we learn from countries that have protected the rule of law, and those that have not?
Ultimately they illustrate the magical paradox: that the rule of law is not more law, but more liberty: freedom from the law, from tyranny, and from poverty.
Dan Mitchell is Chairman of the Center for Freedom and Prosperity, a pro-market public policy organization he founded in 2000. His major research interests include tax reform, international tax competition, the economic burden of government spending, and other fiscal policy issues. Having also worked at the Heritage Foundation and Cato Institute, he has decades of experience authoring papers, writing editorials, working with the public policy community, and presenting the free-market viewpoint to newspaper, television, and radio media. Dan has spoken to a wide variety of groups in dozens of cities and more than 50 foreign countries. He also serves on the editorial board of the Cayman Financial Review, and holds a Ph.D. in economics from George Mason University.
Frans Rautenbach is an advocate and labour lawyer at The Cape Bar, and the author of South Africa Can Work: How a free market and decentralised government will make us a winning nation. Between 2001 and 2006 he consulted to the governments of Uganda and Tanzania on labour-law reform, licensing and business laws, and economic cost-benefit analysis as a legislative policy tool. In 2012 he appeared as part of the legal team of the Free Market Foundation in a constitutional challenge of section 32 of the Labour Relations Act, with strong emphasis on economic and policy implications. His interest in the impact of labour law on unemployment and industrial unrest resulted in two books on labour deregulation: Set the Workers Free and Liberating South African Labour from the Law. His other publications include Labour Litigation, In all Labour Profit and Your Kruger Park Guide, which gives advice on his favourite pastime – holidaying in the park with his family.