Administrative Law (Public Law)

QUESTION 1 [20 Marks]

1.1 Analyse the above and identify the organs of state in the above scenario. In
your answer, provide a definition of the term

organ of state. (4)

The organs of state in the above scenario are:

Department of Minerals and Energy: This is the government department

responsible for the regulation and management of minerals and energy resources
in South Africa. It is the department that turned down Khula Africa (Pty) Ltd.'s
application for mining rights in the Lake-ridge complex.

Khula Africa (Pty) Ltd: Although not explicitly mentioned as an organ of state,
Khula Africa (Pty) Ltd is involved in a legal dispute with the Department of
Minerals and Energy, which makes it a party to the scenario.

Definition of the term organ of state: An organ of state refers to any branch,
department, agency, or entity of government that exercises governmental powers
and performs public functions. Organs of state are established by law and are
responsible for implementing and enforcing laws and policies on behalf of the
government. They have the authority to make decisions and take actions that
affect individuals and organizations within their jurisdiction.

1.2 Evaluate the above and identify the administrator in the above scenario. In
your answer, provide a definition of the term “administrator”. (4)

The administrator in the above scenario is the official within the Department of
Minerals and Energy who turned down Khula Africa (Pty) Ltd.'s application for
mining rights in the Lake-ridge complex.
Definition of the term "administrator": An administrator refers to an individual or
entity that is responsible for the management and execution of administrative
tasks and decisions within an organization or government department. They are
usually appointed or authorized to carry out specific duties and responsibilities,
such as reviewing and making decisions on applications, implementing policies
and regulations, and handling administrative procedures. Administrators play a
crucial role in ensuring the effective and efficient functioning of the organization
or department they are associated with.

Administrators play a vital role in various organizations and government

departments. Here are some key points about administrators:

Responsibilities: Administrators are responsible for overseeing and managing

administrative tasks and functions within their respective organizations. This
includes tasks such as decision-making, policy implementation, resource
allocation, and handling administrative procedures.

Decision-making: Administrators are often involved in making important decisions

that impact the organization or department they oversee. They may be
responsible for reviewing and approving applications, evaluating proposals, and
making judgments based on relevant laws, regulations, and policies.

Policy Implementation: Administrators are responsible for implementing and

enforcing policies and regulations within their organization or department. They
ensure that all activities and operations align with the established policies and
procedures.

Resource Allocation: Administrators are involved in allocating resources such as

budget, personnel, and equipment to different areas or projects within the
organization. They assess needs, prioritize initiatives, and allocate resources
accordingly to ensure efficient operations.
Communication and Coordination: Administrators serve as a bridge between
different stakeholders within the organization, including employees, management,
and external partners. They facilitate communication and coordination to ensure
smooth functioning and collaboration among various departments or teams.

Problem-solving: Administrators are often faced with complex challenges and

problems. They are responsible for analyzing situations, identifying issues, and
developing solutions to address them. They may collaborate with other
professionals or experts to find the most effective solutions.

Leadership: Administrators provide leadership and guidance to their teams or

departments. They set goals, establish priorities, and motivate employees to
achieve desired outcomes. They also monitor performance and provide feedback
to ensure productivity and efficiency.

Compliance: Administrators ensure compliance with relevant laws, regulations,

and standards. They stay updated on legal and regulatory changes and ensure that
their organization or department adheres to all applicable requirements.

Overall, administrators are essential for the smooth functioning and effective
management of organizations and government departments. They play a crucial
role in decision-making, policy implementation, resource allocation, and
coordination, all while ensuring compliance and addressing challenges that may
arise.

1.3 Discuss whether administrative law applies to the above scenario. (12)

To discuss whether administrative law applies to the above scenario, we need to

consider the specific context and details of the scenario. Since the scenario is not
provided, I will provide a general overview of administrative law and its
application.
Administrative law is a branch of law that governs the activities of administrative
agencies of the government. It includes the laws, regulations, and legal principles
that regulate the decision-making and actions of administrative bodies.
Administrative law is concerned with the procedures, powers, and duties of
administrative agencies, as well as the rights and obligations of individuals and
organizations affected by those agencies.

In the context of the scenario, if there is an administrative agency involved or if

the actions and decisions being carried out fall under the jurisdiction of an
administrative body, then administrative law may apply. Here are some factors to
consider:

1. Administrative Agency:

An administrative agency, also known as a regulatory agency or government

agency, is a specialized organization created by the government to carry out
specific functions and exercise regulatory authority in certain areas. These
agencies are typically established through legislation and operate within a specific
jurisdiction or sector.

Here are some key characteristics of administrative agencies:

Authority and Jurisdiction: Administrative agencies have the authority delegated

to them by legislation to carry out specific functions and regulate certain areas.
They are given the power to make decisions, enforce regulations, and administer
programs within their jurisdiction.

Regulatory Functions: Administrative agencies are responsible for regulating

various aspects of society, including industries, professions, public services, and
public welfare. They develop and enforce rules and regulations to ensure
compliance and achieve specific policy objectives.

Rulemaking: Administrative agencies have the power to create rules and

regulations that govern the conduct of individuals and organizations within their
jurisdiction. These rules are typically developed through a process that includes
public notice, consultation, and input from stakeholders.

Decision-Making: Administrative agencies make decisions on a wide range of

matters, such as granting licenses, permits, and approvals; conducting
investigations; resolving disputes; and imposing penalties or sanctions for non-
compliance. These decisions are often made through administrative processes
that include hearings, evidence gathering, and the application of relevant laws
and regulations.

Administrative Procedures: Administrative agencies follow specific procedures and

processes in carrying out their functions. These procedures are designed to
ensure fairness, transparency, and accountability in decision-making. They may
include requirements for notice, opportunity for public input, and the provision of
reasons for decisions.

Expertise: Administrative agencies often have specialized knowledge and expertise

in the areas they regulate. They employ professionals, experts, and technical staff
who understand the complexities and nuances of the industries or sectors they
oversee. This expertise helps them make informed and effective decisions.

Enforcement: Administrative agencies have the power to enforce compliance with

regulations and take appropriate action against individuals or organizations that
violate the rules. This can include issuing fines, revoking licenses, imposing
sanctions, or initiating legal proceedings.

Appeals and Review: Administrative agencies' decisions are subject to review and
appeal. Affected individuals or organizations can challenge agency decisions
through administrative appeals processes or seek judicial review in court.
Examples of administrative agencies include the Environmental Protection Agency
(EPA), Federal Communications Commission (FCC), Securities and Exchange
Commission (SEC), and Food and Drug Administration (FDA) in the United States.
Each country or jurisdiction has its own set of administrative agencies that
operate within their specific legal frameworks.

Administrative agencies play a crucial role in implementing government policies,

regulating industries, protecting public interests, and ensuring compliance with
laws and regulations. They act as intermediaries between the government and the
public, carrying out functions that are essential for the effective governance of
society.

2. Decision-making:

Decision-making is the process of selecting the best course of action among

several possible alternatives. It is a cognitive process that involves gathering
information, analyzing options, evaluating consequences, and ultimately making a
choice. Decision-making occurs in various contexts, such as personal life, business,
government, and organizations.

Here are some key aspects of decision-making:

Rationality: Decision-making is often considered a rational process, where

individuals or groups make choices based on logical reasoning, facts, and
evidence. Rational decision-making involves identifying goals, gathering relevant
information, evaluating alternatives, and selecting the option that maximizes
benefits or minimizes costs.

Decision-Making Models: There are different models or approaches to decision-

making, including the rational model, bounded rationality model, and intuitive
model. The rational model assumes that decision-makers have complete
information, evaluate all alternatives, and make choices that maximize utility. The
bounded rationality model acknowledges that decision-makers have limited
information, time, and cognitive abilities, leading to satisficing (choosing the first
acceptable option). The intuitive model involves relying on gut feelings and past
experiences to make quick decisions.

Decision-Making Process: The decision-making process typically involves several

stages:a. Identification of the problem or decision to be made. b. Gathering
relevant information and data. c. Generating and evaluating alternative options. d.
Assessing the potential consequences and risks of each option. e. Making a
decision based on the analysis and reasoning. f. Implementing the chosen option.
g. Evaluating the outcomes and adjusting the decision if necessary.

Factors Influencing Decision-Making: Various factors can influence decision-

making, including individual factors (personality, values, beliefs), cognitive biases
(heuristics, confirmation bias), emotions, social and cultural influences,
organizational constraints, and available resources.

Decision-Making Techniques: There are several techniques and tools that can
support decision-making processes. These include decision trees, cost-benefit
analysis, SWOT analysis (strengths, weaknesses, opportunities, threats), scenario
analysis, risk analysis, and group decision-making techniques like brainstorming
and consensus-building.

Ethical Considerations: Decision-making also involves ethical considerations,

especially when the choices have consequences for stakeholders or society. Ethical
decision-making involves considering moral principles, values, and potential
impacts on different individuals or groups.

Decision-Making in Organizations and Government: Decision-making is a crucial

aspect of organizational management and governance. In organizations, decision-
making can occur at various levels, from operational decisions to strategic choices.
In government, decision-making involves formulating policies, allocating
resources, and making public interest decisions.

Decision-Making Tools and Technologies: With the advancement of technology,

decision-making processes can be supported by various tools and technologies.
These include data analytics, artificial intelligence, machine learning, modeling
and simulation, and decision support systems.

Effective decision-making requires critical thinking, analysis of relevant

information, consideration of multiple perspectives, and the ability to manage
uncertainty and complexity. It is a skill that can be developed and improved
through practice and experience.

3. Judicial review:

is a legal principle that allows courts to review and potentially invalidate decisions
made by other branches of government, such as the executive or legislative
branches. It is a fundamental aspect of constitutional law in many democratic
countries, including the United States.

Here are some key points about judicial review:

Purpose: The primary purpose of judicial review is to ensure that government

actions and laws are in accordance with the constitution. It serves as a check on
the power of the other branches of government, preventing them from exceeding
their authority or violating constitutional rights.

Constitutional Basis: Judicial review is typically based on a country's constitution,

which serves as the supreme law of the land. The constitution establishes the
framework of government, outlines the powers and limitations of each branch,
and protects individual rights and liberties. Courts use the constitution as the
basis for evaluating the legality and constitutionality of government actions.

Scope of Review: Judicial review can encompass various types of government

actions, including laws, regulations, executive orders, administrative decisions,
and policies. It allows courts to assess the constitutionality of these actions and
determine whether they comply with the provisions and principles of the
constitution.

Judicial Activism vs. Judicial Restraint: There is an ongoing debate about the
appropriate role of courts in judicial review. Judicial activism refers to an approach
where courts take an active role in shaping public policy and interpreting the
constitution broadly to address social and political issues. Judicial restraint, on the
other hand, advocates for a more limited role for courts, deferring to the elected
branches of government and interpreting the constitution narrowly.

Standards of Review: Courts apply different standards of review when conducting

judicial review. These standards determine the level of scrutiny applied to the
government action in question. The three main standards are:a. Rational Basis
Review: This standard is applied when reviewing economic and social regulations.
The court will uphold the government action if there is a rational basis for it, even
if it is not the most optimal or efficient.b. Intermediate Scrutiny: This standard is
used for reviewing laws that involve certain protected rights, such as gender or
content-based speech restrictions. The government action must be substantially
related to an important government interest.c. Strict Scrutiny: This is the highest
level of scrutiny and is applied to laws that implicate fundamental rights, such as
freedom of speech, religion, or equal protection. The government action must be
narrowly tailored to serve a compelling government interest.

Judicial Review and Democracy: Judicial review plays a crucial role in upholding
the rule of law and protecting individual rights in a democratic society. It ensures
that government actions are consistent with constitutional principles and prevents
the abuse of power. However, critics argue that judicial review can sometimes
undermine democratic decision-making by allowing unelected judges to overturn
laws enacted by elected representatives.

Judicial Review in Different Countries: The extent and nature of judicial review
vary among countries. In the United States, judicial review is well-established and
has been used by the Supreme Court to strike down laws and executive actions. In
some countries, such as Germany, judicial review is conducted by specialized
constitutional courts. In other countries, like the United Kingdom, the courts have
a more limited role in reviewing the actions of the executive and legislative
branches.

Overall, judicial review is a vital component of the legal system that ensures the
constitutionality of government actions and protects individual rights. It involves a
delicate balance between the powers of the judiciary and the other branches of
government, aiming to uphold the principles of democracy and the rule of law.

4. Due process:

is a legal principle that ensures fair treatment and protection of individual rights
in legal proceedings. It is a fundamental aspect of constitutional law in many
democratic countries, including the United States.

Here are some key points about due process:

Definition: Due process refers to the legal requirement that individuals are
entitled to certain procedural safeguards and substantive rights when they are
facing government action that could deprive them of life, liberty, or property. It
guarantees fairness, impartiality, and the opportunity to be heard before any
adverse action is taken.

Constitutional Basis: Due process is typically based on constitutional provisions

that outline the rights and protections afforded to individuals. In the United
States, the Fifth and Fourteenth Amendments of the Constitution explicitly
mention due process. The Fifth Amendment applies to the federal government,
while the Fourteenth Amendment extends its protections to actions by state and
local governments.

Procedural Due Process: Procedural due process focuses on the procedures and
safeguards that must be followed when the government seeks to deprive an
individual of their rights, such as in criminal proceedings or administrative
hearings. It ensures that individuals have notice of the charges or actions against
them, the opportunity to be heard, the right to legal representation, and a fair and
impartial decision-maker.

Substantive Due Process: Substantive due process refers to the protection of

certain fundamental rights from arbitrary government interference, even if the
proper procedures are followed. It involves assessing the substance and content
of the laws or government actions to determine if they are reasonable, just, and in
accordance with constitutional rights. Substantive due process is often invoked in
cases involving privacy rights, reproductive rights, and equal protection.

Balancing Test: Courts often use a balancing test to determine if a government

action violates due process. This test weighs the individual's interests against the
government's interest in taking the action. The court considers factors such as the
importance of the individual's rights, the severity of the government action, and
the availability of alternative means to achieve the government's objective.

Equal Protection Clause: The Equal Protection Clause, found in the Fourteenth
Amendment of the U.S. Constitution, is closely related to due process. It prohibits
the government from denying equal protection of the law to any person within its
jurisdiction. It ensures that individuals are treated equally under the law and that
laws are applied in a non-discriminatory manner.

Due Process and Criminal Justice: Due process plays a crucial role in the criminal
justice system. It guarantees that individuals accused of crimes have the right to a
fair trial, legal representation, the presumption of innocence, and protection
against self-incrimination. It also ensures that punishment is proportionate to the
offense and that individuals are not subjected to cruel or unusual punishment.

International Perspective: Due process is not limited to the United States; it is a

fundamental principle in many legal systems around the world. It is recognized as
a human right under various international treaties and conventions, such as the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights.

Due process is a cornerstone of the legal system, protecting individual rights and
ensuring fairness in legal proceedings. It serves as a critical safeguard against
arbitrary government actions and upholds the principles of justice and the rule of
law.

5. Regulatory Compliance:

Regulatory compliance refers to the process of ensuring that an organization

adheres to the laws, regulations, guidelines, and standards set forth by relevant
regulatory bodies. It involves implementing and maintaining procedures, policies,
and practices to ensure that the organization operates within the legal and ethical
boundaries of its industry.

Here are some key points about regulatory compliance:

Importance of Regulatory Compliance: Regulatory compliance is crucial for

organizations to avoid legal and financial consequences. Compliance helps protect
consumers, employees, and the public by ensuring that organizations operate in a
responsible and ethical manner. It also helps maintain market integrity, promotes
fair competition, and prevents fraud, corruption, and other unlawful activities.

Regulatory Bodies: Regulatory bodies can vary depending on the industry and
jurisdiction. They can be government agencies, professional associations, or
industry-specific organizations. Examples of regulatory bodies include the
Securities and Exchange Commission (SEC) for financial markets, the Food and
Drug Administration (FDA) for the pharmaceutical industry, and the Environmental
Protection Agency (EPA) for environmental regulations.

Laws and Regulations: Regulatory compliance involves understanding and

adhering to a wide range of laws and regulations that are applicable to the
organization's operations. These can include labor laws, data protection
regulations, financial regulations, health and safety standards, environmental
regulations, and more. Compliance requirements may differ depending on the
industry, location, and size of the organization.

Compliance Programs: Organizations establish compliance programs to ensure

adherence to applicable regulations. These programs typically involve creating
policies, procedures, and internal controls that guide employees' behavior and
decision-making. Compliance programs also include monitoring and auditing
processes to identify and address any non-compliance issues.

Risk Management: Regulatory compliance is closely related to risk management.

Compliance programs help organizations identify, assess, and mitigate risks
associated with non-compliance. By proactively managing risks, organizations can
prevent legal and reputational damage, financial loss, and other negative
consequences.

Reporting and Documentation: Compliance often requires organizations to

maintain detailed records, reports, and documentation to demonstrate adherence
to regulations. This includes financial records, employee records, safety reports,
environmental impact assessments, and more. Accurate and complete
documentation is essential for audits, inspections, and regulatory reviews.

Compliance Training and Education: Organizations provide compliance training

and education to employees to ensure they understand their responsibilities and
the regulations they need to comply with. Training programs can cover topics such
as anti-corruption, data privacy, workplace safety, and ethical conduct. Regular
training helps employees stay updated on regulatory changes and promotes a
culture of compliance within the organization.

Consequences of Non-Compliance: Non-compliance with regulations can result in

severe consequences for organizations. These can include fines, penalties, legal
actions, reputational damage, loss of business licenses, and even criminal charges.
Non-compliance can also lead to operational disruptions, decreased customer
trust, and loss of competitive advantage.

Evolving Regulatory Landscape: Regulatory requirements are subject to change as

new laws and regulations are introduced or existing ones are updated.
Organizations must stay informed about these changes and adapt their
compliance programs accordingly. This involves monitoring regulatory updates,
engaging with industry associations, and seeking legal counsel when needed.

Compliance and Ethical Conduct: Compliance goes beyond mere legal obligations.
It is about fostering a culture of ethical conduct within an organization.
Organizations that prioritize compliance and ethical behavior are more likely to
gain the trust and loyalty of their stakeholders, including customers, employees,
investors, and the public.

In summary, regulatory compliance is a critical aspect of business operations. It

ensures that organizations meet legal and ethical obligations, mitigates risks, and
protects stakeholders. By establishing robust compliance programs and staying
abreast of regulatory changes, organizations can maintain their integrity,
reputation, and long-term success.

Question 2. Provide a discussion elaborating on the principle of legality within the

constitutional framework.

The principle of legality is an important concept within the constitutional

framework that ensures the rule of law and safeguards individual rights. It is a
fundamental principle that governs the exercise of public power by the
government and its agencies.

At its core, the principle of legality means that all exercises of public power must
be authorized by law. This principle serves as a check on the government's
authority, preventing arbitrary and unlawful actions. It requires that government
actions be based on clear and specific legal provisions, rather than vague or
discretionary powers.
The principle of legality is closely linked to the concept of the separation of
powers, which is a fundamental principle of constitutional governance. According
to the separation of powers, the legislative branch makes the laws, the executive
branch implements the laws, and the judiciary interprets and applies the laws. The
principle of legality ensures that the executive branch operates within the bounds
of the law and does not exceed its authority.

In the constitutional framework, the principle of legality is derived from the

principle of constitutional supremacy. Constitutional supremacy means that the
constitution is the highest law of the land and all other laws and government
actions must be consistent with it. The principle of legality ensures that
government actions conform to the constitution and other laws enacted in
accordance with the constitution.

The principle of legality also encompasses the principle of legality in criminal law,
which provides that individuals cannot be punished for conduct that is not clearly
and specifically prohibited by law. This principle serves as a protection against
arbitrary criminal prosecutions and ensures that individuals have fair notice of
what behavior is considered illegal.

Furthermore, the principle of legality requires that laws be clear, precise, and
accessible to the public. Laws should not be so vague or ambiguous that
individuals are unable to understand their obligations or rights. This promotes
transparency and accountability in the legal system and ensures equal protection
under the law.

In summary, the principle of legality is a foundational principle within the

constitutional framework. It ensures that government actions are authorized by
law, operates within the bounds of the constitution, and respects individual rights.
This principle upholds the rule of law, promotes transparency and accountability,
and protects individuals from arbitrary exercise of public power.

Here are some additional points to further elaborate on the principle of legality
within the constitutional framework:

Presumption of Legality: The principle of legality includes a presumption that

government actions are presumed to be lawful unless proven otherwise. This
places the burden of proof on those challenging the legality of a government
action, ensuring that the government's exercise of power is given initial deference.

Non-Retroactivity: The principle of legality also includes the concept of non-

retroactivity, which means that a law cannot have retroactive effect unless
expressly provided for. This protects individuals from being punished for actions
that were not considered illegal at the time they were committed.

Proportionality: The principle of legality requires that government actions be

proportionate to the objective they seek to achieve. This means that the
government must use the least restrictive means necessary to achieve its
legitimate goals and avoid excessive or arbitrary exercise of power.

Judicial Review: The principle of legality allows for judicial review of government
actions to ensure their conformity with the law and the constitution. Courts have
the power to strike down laws or government actions that are found to be
unconstitutional or in violation of the principle of legality.

Constitutional Interpretation: The principle of legality plays a role in the

interpretation of constitutional provisions. Courts interpret the constitution in a
manner that upholds the principle of legality and ensures the protection of
individual rights. This interpretation is guided by the text, intent, and purpose of
the constitution.

Limitations on Government Power: The principle of legality imposes limitations on

the exercise of government power. It prevents the government from acting
arbitrarily or capriciously and creates a system of checks and balances to ensure
accountability.

Importance of Legal Certainty: The principle of legality recognizes the importance

of legal certainty in a democratic society. It ensures that individuals can rely on the
law to guide their actions and expectations, promoting stability and predictability.

Role of Legal Professionals: Legal professionals, such as judges, lawyers, and legal
scholars, play a crucial role in upholding the principle of legality. They interpret
and apply the law, challenge illegal government actions, and advocate for the
protection of individual rights.

Overall, the principle of legality is a cornerstone of constitutional governance. It

establishes the rule of law, protects individual rights, and ensures that
government actions are lawful, accountable, and consistent with the constitution.
By upholding this principle, societies can maintain a just and fair legal system that
respects the rights and freedoms of its citizens.

The principle of legality plays a crucial role in protecting individual rights by

ensuring that government actions are lawful, transparent, and accountable. Here's
how it contributes to the protection of individual rights:

Legal Certainty: The principle of legality provides individuals with legal certainty by
clearly defining their rights and obligations under the law. It ensures that laws are
accessible, understandable, and predictable, allowing individuals to make
informed decisions and plan their actions accordingly. This protects individuals
from arbitrary or unpredictable government actions that could infringe upon their
rights.

Prohibition of Arbitrary Exercise of Power: The principle of legality prohibits the

government from exercising its power in an arbitrary or capricious manner. It
requires that government actions have a legal basis and be based on clear and
objective criteria. This prevents the government from arbitrarily infringing upon
individual rights or treating individuals differently without a justifiable reason.

Non-Retroactivity: The principle of legality includes the concept of non-

retroactivity, which means that laws cannot have retroactive effect unless
expressly provided for. This protects individuals from being punished for actions
that were not considered illegal at the time they were committed. It ensures that
individuals can rely on the law as it existed at the time of their actions, providing
them with a sense of fairness and protection.

Judicial Review: The principle of legality allows for judicial review of government
actions to ensure their conformity with the law and the constitution. Courts have
the power to strike down laws or government actions that are found to be
unconstitutional or in violation of individual rights. This serves as a safeguard
against potential abuses of power and provides individuals with a mechanism to
challenge government actions that infringe upon their rights.

Proportionality: The principle of legality requires that government actions be

proportionate to the objective they seek to achieve. This means that the
government must use the least restrictive means necessary to achieve its
legitimate goals. It prevents the government from imposing excessive or
unnecessary restrictions on individual rights and ensures that any limitations on
rights are justified and balanced.

Protection against Discrimination: The principle of legality prohibits the

government from engaging in discriminatory practices. It requires that
government actions be based on clear and objective criteria that treat individuals
equally and without discrimination. This protects individuals from being unfairly
targeted or treated differently based on characteristics such as race, gender,
religion, or nationality.

By upholding the principle of legality, societies can safeguard individual rights and
prevent arbitrary or unlawful government actions. It establishes a framework of
legal protections that ensure individuals are treated fairly, their rights are
respected, and they have recourse when their rights are violated.

conclusion:

In conclusion, the principle of legality is essential for the protection of individual

rights. It provides legal certainty, prohibits arbitrary exercise of power, ensures
non-retroactivity, allows for judicial review, promotes proportionality, and protects
against discrimination. By upholding this principle, governments can establish a
transparent and accountable legal framework that safeguards individual rights and
prevents abuses of power. Individuals can have confidence that their rights are
respected and that they have recourse when their rights are violated. The
principle of legality is a fundamental aspect of a just and democratic society.

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