The legislature and organs of state shall observe due process in the rational exercise of their authority.

OVERVIEW

Government is bound to adhere to certain formal and procedural requirements to demonstrate a compliance with its democratic mandate and, in particular, to affirm its obligations towards the electorate.

ELEMENTS OF THE IMPERATIVE

Due process – Government must conduct its business in accordance with a generally acknowledged and widely-known set of rules. Public participation in the process of enactment of new law (particularly of those individuals who are likely to be vitally affected by the proposed legislation or regulation) is now widely encouraged, and required.

Rational exercise – The Rule of Law requires that the applicable law be reasonable and that it adhere to the tenets described above, it is also the enforcement and administration of law that must be done in such a way that it does not cause confusion, hardship, or violate the basic human rights of the citizens.

RELEVANT JURISPRUDENCE

Core – Sections 32, 33, 34 of the Constitution.

Supporting – Section 195 of the Constitution.

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The Rule of Law Project is an initiative of the Free Market Foundation (www.freemarketfoundation.com) and is dedicated to giving substance to section 1(c) of the Constitution of the Republic of South Africa, which provides for the supremacy of the Constitution and the Rule of Law.