Law

Public Law

PUBLIC LAW Judging from the precipitated events and the provisions of the drafted constitution, there are two clear indications about the three branches of state, namely the executive, legislature and judiciary. That is, these three are supposed to be as independent in the jurisdiction of their roles as possible whiles ensuring that the roles that they play complement each other’s roles and functions. In the light of this, the objectives set for each of these arms or branches are co-related. The legislature is for instance seen as the national legislature whose objective is to ensure that rules are made and that the rules are amended as and when it becomes necessary. More so, the executive’s objective is directly linked to the legislature in the sense that after the drafting of the rules, the rules demand presidential accent to get the rules mature into law. In other words, the executive is the executor of the law1. The judiciary also acts in correspondence by ensuring that people who abuse and break the law are legally trailed and punished with the appropriate sanctions. Reading through the current crisis, it could be seen that each of these three arms has had a personalised objective of trampling on the roles of the other. 2) It is commonly said that implementation is the law and not the enactment of it. What this may imply in relation to the current question and crisis is that the presence of a written constitution alone is not a sufficient ground to assume that separation of powers will take place and that there will be no abuse of power. It rather takes an extra work of vigilante whereby members of the three branches of state become committed to their roles and objectives of delivering their functions with due diligence. It is also important that sufficient power be vested in the ordinary citizen o have the right to exercise their right of questioning members of the three branches of state if they realise that implementation of the written constitution is not forthcoming. If for nothing at all, there are sections of the written constitution that creates overlaps in the duties and functions of the various branches of state, defeating the idea of achieving separation of powers. Whiles such as a situation, it is only an effective third party that can guarantee enforcement and that is the citizen vigilante2.3) As indicated earlier, certain sections of the written constitution overlap in roles and thus defeat the idea of separation of powers. All of such sections of the written constitution need to be amended with immediate effect. Examples of these include (2.2) which state that upon appointment, the president shall be given a seat in the Assembly. As soon as this happens, the president is indirectly being made part of the legislature and thus part of the law making process. This is an overlap of role that does not guarantee separation of powers. Similarly, (2.5a), which allows the president to appoint the Lord Chief Justice and determine his remuneration, could result in compromises and sabotages whereby the Lord Chief Justice might feel the need to act in favor of the president because he was appointed by the president. Where the president also feels that the Lord Chief Justice is not acting in his favor, he may sabotage the release of benefits due him. REFERENCE LISTAlfredo A. F (2008). Premises of Case Laws of Intellectual Property. Ultimate Printing Press: New YorkNorth West Provincial Legislature, 2012, The 3 Arms of Government. [Online] http://www.nwpl.gov.za/public/overview/arms_of_government/index.php [January 20, 2013]

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