The unruly horse: Reflections on the rule of law

Abstract

Critics often say that certain aspects of South African law or of the South African societal structure constitute infringements of the rule of law. One is left by these critics with a general notion that the rule of law is some sort of Sollensprinzip applying to positive law, i.e. a criterion for the evaluation of legal rules and systems, and that mainly those measures which are being employed in South Africa to substantiate the policy of separate development in the field of race relations and most of the provisions for safeguarding state security are in conflict with its principles. As such this mystical concept is being used to bring the basic structure of the South African way of living into disrepute; and the urgency of the situation necessitates all who are compelled to plan their future in our sub-continent to take careful note of its exact meaning, function and contents. A philosophical survey of contemporary society within the context of the South African situation will therefore be incomplete if it were to omit an analysis of the rule of law.