For the sake of law and order

SOUTH African legislation and common law, including its deeds registry, labour laws, constitution and more recently the Prevention and Combatting of Trafficking in Persons (TIP) Act, are historically rated as of the best in the world.

Acts including those pertaining to trafficking in humans, drugs and rhino horn, were developed, written and passed through rigorous debate and deliberation by government departments, as well as Parliamentary committees, state law advisers, public meetings, stakeholder input, studies conducted by field experts and closely scrutinized by the cream of the legal crop.

Once passed by the National Assembly, the National Council of Provinces and the President, it is tested and refined in courts.

Loopholes and anomalies are referred back to Parliament.

Sadly, many citizens of the country are of the opinion that it is their right to breach a law which they personally do not agree with and then scream injustice when they are caught transgressing.

Hence, legalisation of dagga, prostitution, pornography, brothels and trading in rhino horn, have been argued extensively and emotionally by pressure groups with different agendas.

One argument is that legalisation of certain practices will serve to put structures and procedures into place which can be better regulated than the black market trade.

Many other arguments are based on one-sided opinions, ill research, a personal belief system or religion, and often unsubstantiated by any concrete evidence or careful scrutiny from all the different angles.

The possible consequences of a system where everybody, including murderers, paedophiles, rapists, drunken drivers and animal abusers are permitted to make up their own laws, rules and regulations, each according to his own conscience and beliefs, are seemingly not considered.

Some laws are regarded as petty and a waste of police time and effort, but when the neighbour makes a nuisance of himself, beware the cop who fails to attend the nuisance complaint.

In truth, all citizens of a country are subject to existing laws and legislation, which law enforcement officers are tasked to execute.

As long as there is a law in place, and that law is breached, arrests and prosecution must follow because it is the law, which is fortunately not subject to a person’s opinion of what he or she would like to do.

Those who do not agree with a current legal position, are free to put their money where their mouth is and challenge the act at their own time, footing the legal bill right through to Constitutional Court.