scholarly journals Politics of rule of law: A human and state security perspective in the case of Jacob Zuma and geo-politics in the 21st century

2021 ◽  
Author(s):  
Mare Matthew
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Sustainable Livelihoods ◽  
Human Security ◽  
Illegal Immigrants ◽  
The Rule Of Law ◽  
State Security ◽  
Kwazulu Natal ◽  
Thabo Mbeki

This research is a desktop research that, looks at the ligament that connects politics of rule of law, human security and state security perspectives in the case of Jacob Zuma. The study looked at various framing and diverging interpretations of Zuma’s case by the various sections of South Africa. Some sections of the society especially the Zulus and Malema believed that, Zuma’s case is a continuation of apartheid politics and is targeted at the Zulu tribe who were the most vocal during war against Apartheid. From the perspective of the principle of the rule of law the law was applied without fear or favour. Former president Thabo Mbeki was concerned about timing as he believed that there was no urgency in handing inn the arrest warrant. Mbeki projected that, the judgement can result in loss of lives and property. Mbeki believed that, Ramaphosa should not pride himself in succeeding to jail Zuma but should look beyond the act. The study noted the human security dimension where the Zuma case is merely a scapegoat by already agitated general populace. From a security perspective the study noted that, the Bantustan revolution is not far from being imminent. The Zulus have for long been indoctrinating their children and forming regiments to prepare a reclamation of Zulu empire. Even the education in KwaZulu Natal prepares children to pursue the dream of the restoration of the Zulu empire. The role of agitated foreigners and illegal immigrants who crossed to South Africa in anticipation of sustainable livelihoods only to be bothered and subjected to xenophobic attacks. The violence presents an opportunity for them to loot and also to fight for a better South Africa since they do not harbour any prospective of turning to their countries anytime soon, South Africa is now their own country and any developments in the country affects them directly. Since political determination is through the ballot box a key aspect, limited to citizens. Non-citizens regard themselves as both de facto and de jure citizen Streets demos presents an opportunity for the non-voting constituency push for their human security needs. The study in light of the foregoing proposed case scenarios of the likelihood outcomes.

scholarly journals Politics of rule of law: A human and state security perspective in the case of Jacob Zuma and geo-politics in the 21st century

2021 ◽  
Author(s):  
Mare Matthew
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Sustainable Livelihoods ◽  
Human Security ◽  
Illegal Immigrants ◽  
The Rule Of Law ◽  
State Security ◽  
Kwazulu Natal ◽  
Thabo Mbeki

This research is a desktop research that, looks at the ligament that connects politics of rule of law, human security and state security perspectives in the case of Jacob Zuma. The study looked at various framing and diverging interpretations of Zuma’s case by the various sections of South Africa. Some sections of the society especially the Zulus and Malema believed that, Zuma’s case is a continuation of apartheid politics and is targeted at the Zulu tribe who were the most vocal during war against Apartheid. From the perspective of the principle of the rule of law the law was applied without fear or favour. Former president Thabo Mbeki was concerned about timing as he believed that there was no urgency in handing inn the arrest warrant. Mbeki projected that, the judgement can result in loss of lives and property. Mbeki believed that, Ramaphosa should not pride himself in succeeding to jail Zuma but should look beyond the act. The study noted the human security dimension where the Zuma case is merely a scapegoat by already agitated general populace. From a security perspective the study noted that, the Bantustan revolution is not far from being imminent. The Zulus have for long been indoctrinating their children and forming regiments to prepare a reclamation of Zulu empire. Even the education in KwaZulu Natal prepares children to pursue the dream of the restoration of the Zulu empire. The role of agitated foreigners and illegal immigrants who crossed to South Africa in anticipation of sustainable livelihoods only to be bothered and subjected to xenophobic attacks. The violence presents an opportunity for them to loot and also to fight for a better South Africa since they do not harbour any prospective of turning to their countries anytime soon, South Africa is now their own country and any developments in the country affects them directly. Since political determination is through the ballot box a key aspect, limited to citizens. Non-citizens regard themselves as both de facto and de jure citizen Streets demos presents an opportunity for the non-voting constituency push for their human security needs. The study in light of the foregoing proposed case scenarios of the likelihood outcomes.

scholarly journals IN LIGHT OF ‘NKANDLA’, WHAT IS THE ROLE OF THE PUBLIC PROTECTOR IN UPHOLDING THE RULE OF LAW IN SOUTH AFRICA?

2016 ◽  
Author(s):  
Aadelah Shaik Yakoob
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Economic Freedom ◽  
National Assembly ◽  
The Rule Of Law ◽  
The Public ◽  
Freedom Fighters

The focus of this article will be to ascertain what role, if any, the Public Protector plays in achieving and upholding the rule of law as envisaged in section 1(c) of the Constitution. In doing so, I will assess the powers of the Public Protector as envisaged by the Constitution and supporting legislation and analyse the effect of recommendations made by the Public Protector. I will then offer a discussion on certain shortfalls within the legislation that have become a hindrance to the Public Protector achieving her mandate in practice. I will, further, highlight the importance of the powers of the Public Protector as an avenue to achieving the rule of law, and, offer an analysis of the judgments in South African Broadcasting Commission v Democratic Alliance and Economic Freedom Fighters v Speaker of the National Assembly. I will, finally, conclude by discussing possible solutions to the challenges faced by the Public Protector in practice and offer a summary of my views.

scholarly journals The Police law within the system of administrative law.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-15
Author(s):  
Olha Ihorivna Bezpalova ◽  
Tatiana Anatoliivna Kobzieva ◽  
Volodymyr Valeriiovych Korniienko ◽  
Ivan Vasylovych Kritsak
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Due Process ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
State Security ◽  
Police Control

Issues of police control and involvement are of great essence when aspects of administrative law are revealed. The issue here is that there is no way or instances where the legitimate protection of individual rights and freedom can be guaranteed without the presence of the police in ensuring that rights are protected through the respect of the rule of law. The only way this protection can be maintained is only through the operation or application of administrative law. When dealing with the concept of police law, emphasis is laid on the responsibilities this law enforcement agencies have when dealing with matters related to state security, protection of individual living in a given society, and to a certain extent, the entire public. There is no doubt that it is the role of the police to maintain peace and security within a given society, but the question we should be posing is whether their functions performed are done within the confines of respecting fundamental human rights, following the due process of the law being the fundamental and imperative basis or essence of administrative law. One thing is to ensure security, and the other one is to ensure that when enforcing this security, fundamental freedoms and rights of individuals will be respected by the supposed called law enforcement officers. It is therefore in this light that one can say, without any questioning, that under no circumstances should police law function without the intervention of administrative law, both most compliment each other, and activities of the police must be done in strict respect and compliance with that of administrative law. 

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

THE ROLE OF PSYCHIATRY IN THE RULE OF LAW

1974 ◽  
Vol 4 (8) ◽  
pp. 16-31
Author(s):  
Seymour Pollack
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law
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