Lecture 1 :
Rule of law :
Separations of powers : * separation of powers is not
mentioned in the constitution
Legislature = make the law [parliament]
Executive = execute and enforce the law
Judiciary = interpret the law and give it meaning
Purpose of separating the branches : to allow transparency
and protect the branches from each other, it takes away the
concentration of power in one branch
- Until 1994 we were governed by only the executive branch
- Ruled under the doctrine of parliamentary sovereignty
→ imposed by british imperial sovereignty
→ theory of parliamentary sovereignty = parliament
decisions at the supreme law
Summary of what section one of the constitution prescribes :
- SA is a free democratic state which promotes dignity,
equality and freedom
- Fundamental values = constitution is based on non-racism
and non-sexism
- The constitution is supreme and we are government by
rule of law
- There must be regular elections and we are defined as a
multi-party democracy
- Object : produce a government which is accountable,
open and responsiveness
, - Section one is special because : every other section of the
constitution can be changed by ⅔ of the majority in the
national assembly + the agreement of 6 of provincial
parliaments however section one requires 75% of the
majority + 6 of the 9 provincial parliaments
Lecture 2 :
Building blocks or assumptions for the next 18 lectures :
1. Importance of law
- Civil law = governs all people in society * focus of this
lectures
2. Foundation of every legal system must be a constitution
- Constitution = recipe of government for allocation of
power or the performance of a public function
3. Everything depends upon the socioeconomic context in
which the law/constitution operates
- We must view the law in its socioeconomic context
- Context is everything
4.Lawfare : waging war through law
- In the past it was called legalisation of politics
- Using the courtroom to battle for political matters
and using the law to impose your will
- Law can be sword and a shield
- The use of the law to frustrated the use of lawless
authority
How to turn the law against the oppressor [ sword to a shield ]:
- Rulers must rule through law
- Independent court system
- Key : language, because law is expressed through
language and it can be manipulated to form an
argument
, 5. Law and social relationships
Cameron prescribed reading :
Fundamental arguments : Act against lawyers who undermine
the constitution
Summary part 1 :
- He gives a talk at the general council of the bar in JHB
officers
- It was called the sydney and felicia kentridge memorial
lecture
→ Felicia kentridge :
- was a public interest lawyers [ a lawyer who takes on
pro bono cases in order to establish president in the
courts]
- Founder of the legal resources centre
→ sydney kentridge :
- Moved to london after biko inquest
- was a king's council in london
Summary part 2 :
Democratic Threats: South Africa's democracy, rule of law, and
Constitution are under threat from two main sources:
● Socio-economic Inequality: Widespread poverty and
inequality, exacerbated by government corruption and
historical injustices,have caused Poverty, disposition and
marginalisation in south africa
● Internal threats: Politicians and some lawyers aim to
weaken the Constitution and judiciary to facilitate
corruption and looting
, Cameron challenges lawyers during this speech at the JHB
bar stating
- lawyers must recommit themselves to the struggle for a
just legal dispensation
- this struggle is between authentic expansion of social
justice through the constitution
- and dictatorial populism with neo fascist overtones
Two major ways this can be countered :
1. Legal Practice Council (governs the business of
being lawyers)
- Administers the admission of lawyers to
practise
2. General Council of the Bar
- Dispniclines lawyers
➔Cameron states the LPC are not doing enough to stop and
discipline those minority lawyers who are giving lawyers a
bad name
➔Side note : the GCB and LSSA used to have the job of the
LPC
3. The judiciary
- He acknowledges that the courts have done
good work in patches
- Hes critical of the judges who let legal
council get away with bad behaviour
- States judges have the authority to stop those
advocates and attorneys who behave badly by not
awarding them their costs for litigating and will
instead have to pay the costs
Rule of law :
Separations of powers : * separation of powers is not
mentioned in the constitution
Legislature = make the law [parliament]
Executive = execute and enforce the law
Judiciary = interpret the law and give it meaning
Purpose of separating the branches : to allow transparency
and protect the branches from each other, it takes away the
concentration of power in one branch
- Until 1994 we were governed by only the executive branch
- Ruled under the doctrine of parliamentary sovereignty
→ imposed by british imperial sovereignty
→ theory of parliamentary sovereignty = parliament
decisions at the supreme law
Summary of what section one of the constitution prescribes :
- SA is a free democratic state which promotes dignity,
equality and freedom
- Fundamental values = constitution is based on non-racism
and non-sexism
- The constitution is supreme and we are government by
rule of law
- There must be regular elections and we are defined as a
multi-party democracy
- Object : produce a government which is accountable,
open and responsiveness
, - Section one is special because : every other section of the
constitution can be changed by ⅔ of the majority in the
national assembly + the agreement of 6 of provincial
parliaments however section one requires 75% of the
majority + 6 of the 9 provincial parliaments
Lecture 2 :
Building blocks or assumptions for the next 18 lectures :
1. Importance of law
- Civil law = governs all people in society * focus of this
lectures
2. Foundation of every legal system must be a constitution
- Constitution = recipe of government for allocation of
power or the performance of a public function
3. Everything depends upon the socioeconomic context in
which the law/constitution operates
- We must view the law in its socioeconomic context
- Context is everything
4.Lawfare : waging war through law
- In the past it was called legalisation of politics
- Using the courtroom to battle for political matters
and using the law to impose your will
- Law can be sword and a shield
- The use of the law to frustrated the use of lawless
authority
How to turn the law against the oppressor [ sword to a shield ]:
- Rulers must rule through law
- Independent court system
- Key : language, because law is expressed through
language and it can be manipulated to form an
argument
, 5. Law and social relationships
Cameron prescribed reading :
Fundamental arguments : Act against lawyers who undermine
the constitution
Summary part 1 :
- He gives a talk at the general council of the bar in JHB
officers
- It was called the sydney and felicia kentridge memorial
lecture
→ Felicia kentridge :
- was a public interest lawyers [ a lawyer who takes on
pro bono cases in order to establish president in the
courts]
- Founder of the legal resources centre
→ sydney kentridge :
- Moved to london after biko inquest
- was a king's council in london
Summary part 2 :
Democratic Threats: South Africa's democracy, rule of law, and
Constitution are under threat from two main sources:
● Socio-economic Inequality: Widespread poverty and
inequality, exacerbated by government corruption and
historical injustices,have caused Poverty, disposition and
marginalisation in south africa
● Internal threats: Politicians and some lawyers aim to
weaken the Constitution and judiciary to facilitate
corruption and looting
, Cameron challenges lawyers during this speech at the JHB
bar stating
- lawyers must recommit themselves to the struggle for a
just legal dispensation
- this struggle is between authentic expansion of social
justice through the constitution
- and dictatorial populism with neo fascist overtones
Two major ways this can be countered :
1. Legal Practice Council (governs the business of
being lawyers)
- Administers the admission of lawyers to
practise
2. General Council of the Bar
- Dispniclines lawyers
➔Cameron states the LPC are not doing enough to stop and
discipline those minority lawyers who are giving lawyers a
bad name
➔Side note : the GCB and LSSA used to have the job of the
LPC
3. The judiciary
- He acknowledges that the courts have done
good work in patches
- Hes critical of the judges who let legal
council get away with bad behaviour
- States judges have the authority to stop those
advocates and attorneys who behave badly by not
awarding them their costs for litigating and will
instead have to pay the costs
