EN PASSANT

The Star Early Edition - - LETTERS - Tom Lambe Farouk Araie

TWICE in one day I have had peo­ple step off the kerb in front of me while I have been driv­ing. The cause of this mad­ness has, in both cases, been earplugs, pre­sum­ably plugged into some type of mu­sic player.

No doubt, should I have hit one of these peo­ple with my car I, and not the un­ob­ser­vant walk­ers, would have been blamed for the ac­ci­dent. It seems to me that road sense is sadly lack­ing in South Africa. Oak­dene LE­GAL bat­tles in the ex­ec­u­tive and society have cre­ated a con­sti­tu­tional cri­sis.The rule of law is the an­i­mat­ing prin­ci­ple of our con­sti­tu­tional democ­racy.

Our con­sti­tu­tion was es­tab­lished to cir­cum­scribe ar­bi­trary gov­ern­ment power.

The evo­lu­tion of con­sti­tu­tional rule has passed through dif­fi­cult phases. Dur­ing the dif­fi­cult times, the law courts have been called upon to pro­nounce on the le­gal­ity of the ac­tion.

The high­est courts have given a lib­eral in­ter­pre­ta­tion of the pro­vi­sion of fun­da­men­tal rights in the con­sti­tu­tion and thereby pro­moted the rule of law in demo­cratic norms.

The le­gal bat­tles we are wit­ness­ing could lead to a sit­u­a­tion where our coun­try is gov­erned by ex­ec­u­tive de­cree, bypassing the con­sti­tu­tion. Benoni

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