In terms of the Constitution of the Republic of South Africa, Act No. 108 of 1996, South Africa is defined as a State that is subject to Constitutional supremacy and the Rule of Law.
The Constitution contains a supremacy clause which establishes that all other law and actions are subject to the Constitution.
In its simplest form, the Rule of Law means that we are governed by Law.
The four elements of the Rule of Law advanced by the Foundation are:
- Equality under the law,
- Access to the law,
- Independent (and consequently unbiased) judiciary, and
- Access to remedy
Accordingly, the Rule of Law requires, even demands, equality under the law. It requires the opportunity to remedy grievances before an impartial judiciary.
The foundations of a strong society are built on the strong foundations of the Rule of Law.
