What is the Rule of Law?

In this podcasts we learn about the Rule of Law and the main principles it is based on. 

The Rule of Law is one of the ‘founding values’ of our Republic. Chapter 1, Section 1(c) of the Constitution says that the Republic of South Africa is founded on the “supremacy of the Constitution and the rule of law”.  This means, that the Constitution is the highest law of the land and no other law may conflict with it;    nor may the government do anything that violates it. And that the Rule of Law is as supreme as the Constitution itself. 

The Rule of Law contains seven equally important principles. 

  • Government action must be based on law.
  • The law must be clear.
  • The law must be accessible.
  • Human rights must be respected.
  • Everyone is equal before the law.
  • Courts must be independent and impartial. 
  • Laws must be made through clear and transparent procedures, by legitimate, democratic bodies.

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