Wednesday, December 27, 2006

Working Definition of the Rule of Law

The mission of the World Justice Project (WJP) is to lead a global, multidisciplinary effort to strengthen the rule of law for the development of communities of opportunity and equity.

The World Justice Project is based on two complementary premises:

* First, the rule of law is the foundation for communities of opportunity and equity; and
* Second, multidisciplinary collaboration is the most effective way to advance the rule of law

The WJP uses a working definition of the rule of law based on four universal principles:

1. The government and its officials and agents are accountable under the law.
2. The laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.
4. Access to justice is provided by competent, independent, and ethical adjudicators, attorneys or representatives and judicial officers who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

A worldwide rule of law deficit undermines efforts to make societies safe, lift people from poverty and build economic prosperity, reduce corruption, improve public health and enhance education. The WJP taps into a broad recognition that the rule of law is essential to thriving communities and to the success of virtually all fields of endeavor.

The WJP is unique in its engagement of stakeholders from a variety of disciplines, and is building an active network of governmental and non-governmental leaders from 17 disciplinary fields, representing all socio-economic levels of society.

The work of the WJP consists of three complementary and mutually reinforcing program areas: Mainstreaming, Rule of Law Index and Scholarship

The World Justice Project was launched by the American Bar Association in 2006, but since then became an independent 501(c)(3) non-profit organization with 21 global sponsoring organizations in the fields of human rights, labor, public health, business, and more.

Tuesday, December 12, 2006

Malatsi laments 'harsh' sentence

Former Western Cape MEC for environmental affairs and development planning David Malatsi says he believes his five-year sentence for corruption in connection with his involvement in the multi-million Roodefontein Golf Estate Development was "harsh". Speaking after the sentencing on Monday, Malatsi denied that there was any personal enrichment on his part. "There was no personal enrichment in this case, there was no unjustified enrichment on my part, so I feel the conviction and sentence are unfair. "Bearing in mind that (developer, Riccardo) Agusta paid a fine, Peter Marais was found not guilty... me having to go to jail for doing my job, well..." he said.He said he believed he was "hung out to dry" by the now defunct New National Party, adding that the party should also have been prosecuted.

Minister of Environmental Affairs Marthinus van Schalkwyk, who was the leader of the party at the time, refused to comment on the sentencing. Van Schalkwyk's spokesperson, Riaan Aucamp, referred all queries to the Scorpions. Malatsi will not go to jail immediately as the court granted him leave to appeal against his conviction on one count of corruption and extended his bail.

In October, Malatsi was convicted of the one count of corruption for accepting R100 000 from the developer of the golf estate, Italian businessman Riccardo Agusta. Marais, his colleague at the time, was acquitted of the charges. Agusta accepted a plea bargain with the Scorpions in 2003 in terms of which he was fined R1-million. In passing sentence on Monday, Regional Magistrate Andre le Grange said he took into account Malatsi's personal circumstances, the seriousness of the offence and the interests of society. "The crime of corruption on the part of elected office-bearers and public service officials is no doubt a very serious offence," he said, adding that the superior courts have warned that such offences should be regarded as being as serious as crimes of violence and should be visited by the same penal sanctions.

He took into account that Malatsi was a first offender, but said in his view a sentence of correctional supervision, as requested by the defence, was inappropriate, having regard to the seriousness of the offence. "I have given serious consideration to the imposition of a fine, coupled with a term of imprisonment as a sentence option, but having regard to previous sentences imposed on similar offenders committing similar offences, this sentence option would not be in keeping with the recent judgments of our superior courts will not reflect consistency," he said.

Source: IoL