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Kenneth Sithebe Candidate Attorney, Centre for Child Law, Faculty of Law, University of Pretoria When we neither punish nor reproach evildoers, we are not simply protecting their trivial old age, we are thereby ripping the foundations of justice beneath new generations.
Having presented her findings to the public, the Public Protector was hailed by some as a heroin to a South Africa that is ridden with corruption, whilst some questioned her credibility and the integrity of her office.
However, what should not be welcome are unsubstantiated remarks aimed at undermining the office of the Public Protector, or any of the other Chapter 9 institutions, namely, the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; Commission for Gender Equality; the Auditor General; and Electoral Commission.
These institutions, as provided for in section of the Constitution, form a cornerstone to the sustenance of democracy and are important for the full realisation of other democratic principles such as accountability, respect for the rule of law and human rights.
The Certification judgement by the Constitutional Court provides a very basic understanding of the role of the Public Protector and, by implication, other Chapter 9 institutions: In our democracies, and as Africans, Chapter 9 institutions are a necessity. Not because we are Africans, but because we have suffered the most at the hands of previous regimes that were never accountable to anyone, namely, apartheid, colonialism and dictatorships together with post-independence civil wars.
Further, institutions designed to uphold accountability are inherently linked with good governance and the legitimacy to govern.
Some of the dictates of democracy is that, government can only act as provided for by law, and that any action that goes beyond the perimeters of what is legally provided for should be accounted for, through various mechanism such as courts.
Accountability goes to the centre of the rule of law and, particularly so, good governance.
For without the rule of law, tyranny becomes the order of the day. It is important, as shown by the report and the enabling provisions in the Constitution that no man or women is above the law, regardless of rank. Need it be pointed out that countries with a good track record of observing the rule of law also have a strong and lively democracy- therefore, there is an inherent link between the two.
In conclusion, the role of Chapter 9 institutions is primarily to strengthen democracy, and part of this is ensuring that accountability, within those who govern, becomes a norm, not an exception.
This report has laid the necessary foundation.Comparison of Us Constitution to Iraq Constitution A constitution can be defined as a laid down rules for the government which are time and again codified as a form of written manuscript that spells out and confines the functions and ability to exercise force of a political party (power).
Apr 07, · In response to these arguments, this Essay proposes ways in which states and localities could clarify or challenge sweeping property tax exemptions for private universities, with a special focus on Yale University’s charter and Connecticut state law. Liberty University, Free Speech, and the Private University With this being the case, people ask, why does FIRE fight so many private and even religious colleges?
Doesn’t that put FIRE at odds with this crucial right to freedom of association? Those institutions are Bard College, Baylor University, Brigham Young University, Pepperdine.
Influenced by Buddhist teachings, the document focuses more on social morality than institutions of government per se and remains a notable early attempt at a government constitution.
The Constitution of Medina but also to the constitutions of private organizations, that it is not an accident that the constitutions that tend to satisfy.
Yet few judges today would consider this enough to require these institutions to respect the Federal Constitution’s terms. Where the U.S. Constitution doesn’t apply, state constitutions are. Created in the roiling years of the Civil War, Reconstruction, and industrial expansion, Colorado's state constitution is indelibly marked by an overt suspicion toward elected and appointed officials (with good reason given their often dubious behavior).