ANC must protect the rule of law – LSSA

Assocation wants govt to level with people of SA with regard to state of emergency regulations

Law society calls on the ruling party openly to promote and protect the rule of law

15 December 2017

The Law Society of South Africa (LSSA) adds its voice to that of its constituent members – the Black Lawyers Association, the National Association of Democratic Lawyers and the Cape Law Society – as well as all other legal practitioners who have committed themselves to protecting the Constitution and the Rule of Law as well as the independence of the legal profession and the judiciary.

As a profession, we implore the ruling party, its leadership and its structures, to take urgent steps to -

Openly support the Judiciary, and respect the courts and their judgments;

Decisively rebuke the Youth League and others who unjustifiably attack and criticise the Judiciary without proper grounds to do so; including personal attacks on judges and unwarranted accusations of overreaching and partiality with ludicrous threats of impeachment;

Restore the status and dignity of the National Prosecuting Authority so that it can serve as an independent and trusted light in the search for truth and justice for all persons in our country;

Level with the people of South Africa as to the true intentions behind state of emergency regulations, a media tribunal and our country’s withdrawal from the International Criminal Court;

Openly support and strengthen the Chapter 9 institutions;

Show leadership; take responsibility and restore accountability;

Deal decisively with the state of capture that our country has been mired in and which has affected our economy as well as our standing and credibility in the region, on our continent and internationally, by ensuring that the remedial action of the Public Protector in the State of Capture report, which has now been declared to be binding by the Gauteng High Court, is implemented;

Ensure that any State representative immediately complies with a court order and only wastes taxpayers’ funds on appeals when there are overwhelming legal merits to such an appeal. This must be certified by an independent senior attorney or counsel. The days of frivolous appeals must end now; and

Guarantee that the Constitution, Rule of Law and our constitutional democracy are secure.

Issued by Barbara Whittle, Communications Manager, Law Society of South Africa, 15 December 2017