The struggle for a sovereign state (SA post apartheid dilemma)

The struggle for a sovereign state (SA post apartheid dilemma)

Independence cannot be preserved without sovereignty , sovereignty is the effective work of a legal system. The legal system is underpinned by politics, they are inter depended systems. The stronger and more stable the political ecosystem the more improved the legal framework will be , politicians are legislators . In South Africa there is a battle that has surpassed the liberation struggle. It is perhaps the most important call for action that ordinary leaders will undertake with a strong civil society required to bring this into reality. It is unquestionable that South Africa has weak law's and that its Judicial system is trapped between the preservation of human rights vs the protection of private property and proprietary rights by Corporations. Should our judicial remain independent and can it withstand the pressure of being accountable to the people and not to those who are owners of capital.

Law is a fascinating discipline , what is good law and can its impact on society be measured, how do we assist law makers to create applicable law and is our current statues relevant for the time. I am hoping to uncover the mystery of understanding the schools of law which is legal positivism and natural law. The assumption of innocent until proven guilty and the burden of proof , its determination and the prosecution process , which include sentencing.

The last 30 years have created a unique opportunity for Corporation who identified Africa as a unique investment destination because of its weak commercial and criminal legal framework. In this environment corruption is possible at any level, we have observed jaw dropping acts of economic violence that has left entire administration bankrupt, the overarching reality is not who is doing it, but rather why are they getting away with it.

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