Worth Knowing that the Government is not above the Law!

The real importance of the rule of law today lies in the basic idea underlying all three points (but especially the first) that the state should use its power according to agreed rules, and not arbitrarily.

The three elements for the Rule of Law.

  • First, that there should be no sanction without breach, meaning that nobody should be punished by the state unless they had broken a law.
  • Secondly, that one law should govern everyone, including both ordinary citizens and state officials.
  • Thirdly, that the rights of the individual were not secured by a written constitution, but by the decisions of judges in ordinary law.

The real importance of the rule of law today lies in the basic idea underlying all three points (but especially the first) that the state should use its power according to agreed rules, and not arbitrarily.

Rule of Law Not Respected in South Africa

More than 50 million people throughout the world have been forced to flee their homes. There are more than 13 million refugees worldwide. The United Kingdom currently has 149,799 refugees, which is calculated to 0.24% of the total population.

Many, including myself have made the United Kingdom home. Despite cultural, race and creed – I am a British Citizen. Born and bred in South Africa but I’m still British and to those born within the United Kingdom has to also acknowledge that I’m British and a subject of the Queen. However this is not so in South Africa for I’m within a pecking order as a secondary citizen because being Black matters – it’s called, “Black Economic Empowerment”.

When an asylum seeker is granted status to remain and later is issued with a passport of citizenship. One is able to see this Great Britain welcome its subjects as British. Now, whether the locals like it or not, the Rule of Law dictates the attitude to which all citizens are to respect and tolerate.

We have seen in recent months of the Xenophobic attacks in South Africa as they burnt fellow Africans for being foreigners. If the Leaders of the country who rob, plunder its resources and make a mockery of its legal system – how do the authorities expect the citizens to conduct themselves?

Despite the United Kingdom’s failures and faults – I feel safe and protected (not by the government, the police nor securities) for it is the Rule of Law/ and clearly delineated within the Magna Carta which instructs that even the King is not higher than the Laws of the United Kingdom.

What is the Rule of Law?

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

Stop & Search in South Africa (ILLEGALLY)

These actions to foreigners affect our civil liberties in the long term, erode the rights to our freedoms and destroy our democracy!

How would you have reacted if your property was raided and then you were forced to prove your right to residency? What would happen if a member of your family were unable to do so? How would you feel – if they were arrested?

The Constitution clearly forbids arbitrary search and seizure of your person, your property or possessions. If you are stopped by law enforcement officials they must have a valid belief that you may have been involved in the commission of a crime and that a search warrant would be issued by a Magistrate or Judge if they wish to search you or your vehicle and/or seize your possessions not providing you with these formalities would be a violation of your rights.

Despite South Africa’s painful memories of the Dompass- you think that the officials would be sympathetic given the history on restraining one freedoms based upon their status.

Yet recent news reports mention of the increasing number foreigners in South Africa are being stopped and searched. According to reports approximately 50 people were arrested in Johannesburg for being without valid documents in the country.

The statement release by the spokesman makes no mention that these arrests of these individuals were illegally or not. They were arrested for not having been able to show their documentation.

The raids are a result of foreigners arming themselves in preparation for further violence. The legitimacy of these raids have become questionable.

These actions to foreigners affect our civil liberties, erode the rights to our freedoms and destroy our democracy!