FMF NEWSLETTER 5 APRIL 2017
Dear friend of the FMF
This week’s Feature Article examines the extent to which the rule of law is adhered to in South Africa. The author, Martin van Staden, points out that all laws adopted in South Africa must be consistent with the rule of law as required by section 1 (c) of the constitution. The requirement that all laws must be made by Parliament and that neither the executive nor the judiciary can legitimately make law is not being adhered to. He provides various examples of the creation of quasi-law and calls for citizens to oppose this unconstitutional behaviour.
South Africa’s rule of quasi-law – 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. ‘Quasi-law’ is described by American professors Bruce Frohnen and George Carey in their book, Constitutional Morality and the Rise of Quasi-Law, as measures that carry the force of law, but lack the character of law. These quasi-laws “create rights and duties like laws but lack essential legal attributes such as promulgation through prescribed means and provision of predictable rules rather than mere delegation of discretionary power.”
Tuesday, April 25 EVENING EVENT – Mark Oppenheimer – Is the state stoking racial tensions as a diversionary tactic? @ 17h45 @ FMF – more info to follow
Wednesday, May 17 MEDIA BRIEFING – Leon Louw – Transformation via legislation vs transformation via growth @ 11h30 @ FMF – more info to follow
May 24 & 25 2017 Africa Liberty Forum – Sandton – more info to follow
June 6 Global Intellectual Property Centre roundtable – Johannesburg – more info to follow
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Publish date: 05 April 2017
The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation. This article may be republished without prior consent but with acknowledgement to the author.