As a retired judge and a proponent of the rule of law, I appreciate the urgency and need for the rule of law to be upheld in Africa. The article highlights issues related to the abuse of public power and the need to hold dictators accountable for their actions. It is crucial that JUROL members engage in matters that matter, such as ensuring justice and accountability.
The article raises valid concerns about the lack of due process and judicial oversight in the appointment of Gwaradzimba as a representative of SMM. Recognizing his authority would deviate from the principles of the rule of law, which require adherence to established legal procedures and safeguards.
Granting a judgment that denies vindication against the beneficiary raises serious implications for justice and fairness. It erodes public confidence in the judiciary and fosters a climate of impunity. Upholding the rule of law means prioritizing the protection of individual rights and ensuring a fair application of the law.
The conduct of Gwaradzimba, aided by the South African courts, would indeed create a new crime without constitutional protection. Violating the rule of law undermines the fundamental principles upon which our legal systems are built, jeopardizing justice and eroding the constitutional safeguards designed to protect individuals.
In conclusion, I echo the call to action for JUROL members and fellow lawmen to stand firm in upholding the rule of law. It is through our collective efforts that we can work towards a future in Africa where justice, fairness, and constitutional protection are the order of the day. By engaging in matters that matter, we can contribute to holding dictators accountable and ensuring a more just and equitable future for Africa.