IN HIS keynote address at the Sunday Times Literary Awards last month, Judge Edwin Cameron expressed the view that judges generally "take certain fundamentals for granted". Among those mentioned are "the vital significance of the rule of law and the supremacy of the constitution". A critical element of the rule of law is that there should be certainty about what the law is and what it requires, both procedurally and substantively. This involves consistent conduct by those in positions of authority, a uniform interpretation of the provisions of laws and a respect for precedents that are set in decisions made in cases of similar nature.
Courtesy of BDLive.
This is the legal principle that I was looking for in my post on SANAS arbitrariness. We cannot just assume that it's only SANAS that is going to be affected by these (undocumented) proclamations. It is going to have an effect on IRBA, who will now need to go out of their way to ensure that their policies are more transparent. I would imagine that they are continuously updating and modifying them as SANAS becomes more reckless.
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