 What is justice and why do we need the rule of law? Justice is one of the most important moral and political ideals that lie at the heart of a constitutional democracy. The word justice comes from Latin meaning right or law. Justice is often used interchangeably with the word fairness. Whether in a courtroom, at the workplace or waiting to be served at the local restaurant, we want to be treated fairly. We shouldn't be judged more harshly because of our skin colour. We shouldn't earn any less because of our gender and we shouldn't have to wait any longer to be served because of what we are wearing. We also want a fair chance to reach our full potential as human beings. We want a fair opportunity to achieve what our talents allow us to achieve. It is not easy to say exactly what justice means because people often disagree on what is fair and what they think they deserve. When we disagree about what justice means, we need an impartial and independent person or institution to decide. This is why justice is often represented by a blind-folded person. We want justice to be blind because we do not want a judge to decide what is fair based on how rich we are or where we come from. So in order to create a just and democratic society, we not only need just laws but also the assurance that all decisions made by democratically elected leaders in government and our courts are made in accordance with these just laws. This principle is what we call the rule of law. The rule of law is one of the key features of any democracy. Thus it is no coincidence that people often speak about democracy and the rule of law in one breath. These two concepts are closely connected. One could also say democracy is a system of rule through the application of just law, not rule by arbitrary decisions of individuals. The law of a country entails all legislation passed by national or provincial parliaments which have to be in accordance with our constitution to supreme law of the country. A number of principles underlie and define the broad concept of the rule of law. They need to be respected in order for the rule of law to function properly. Principles of the rule of law include the following. First of all, a country's law must apply equally to all people living in that respective country. We are all equal before the law, which means that there are no different laws for different people. Everyone, including lawmakers, government officials and the president, must be subject to one and the same law. Both individuals and institutions must follow the law. In short, nobody is above the law as nobody is exempted from the rule of law. Secondly, in a constitutional democracy like South Africa in which the rights of everyone are protected, adherence to the rule of law is important to ensure respect for the rights of all. The protection of human rights will be meaningless if those with power ignore the laws that protect rights. Thirdly, the rule of law limits the power of government. We just learnt that everybody, including our elected leaders in government, are subject to the law and that any action undertaken by the government should be authorised by law. This means that those who have power are prevented from acting in an arbitrary manner. They can only act as guided by the law. This helps to hold those with power accountable. If they act without being authorised to do so by law, the courts can declare their actions invalid. The rule of law can only be protected where an independent and impartial judiciary applies the law fairly. We need independent, fair, public and transparent court processes and law enforcement to ensure that the law is applied fairly in a manner that we can trust. Let's talk about each of these aspects in more detail. Our judiciary is independent from the other branches of government as the democratic principle of the separation of powers demands and is thus able to apply the law without fear, favour or prejudice. That is, without being pressurised by those with power to decide cases in a certain way. Court processes must be fair. All sides must get an opportunity to present their case and the procedure to do so must be fair to all. The ultimate decision must be based only on the facts and the law, not on irrelevant considerations. This fairness of court proceedings is usually guaranteed by ensuring that the proceedings are also public. This ensures that the system is transparent. The rule of law also helps us to know how we must act and how we can expect the government to act. It provides certainty that allows us to organise our lives to avoid getting into legal trouble. Where the state respects the rule of law, ordinary citizens will not have to worry about being arrested or taken to court as long as they comply with the law. It protects ordinary citizens from arbitrary decisions taken by those with power. They will also know how they can expect the government to act as this will all be done in terms of pre-announced laws. Now I would like to give you a practical example on how the rule of law applies in a real-life situation. Imagine you return to your parked vehicle to find a parking ticket on the windscreen. The traffic department claims that you have parked on a yellow line. You do not agree. You take a picture of your correctly parked car and appeal against the parking ticket. Under the rule of law, you must trust that the court will take a fair, impartial and transparent decision based on the application of the country's law. The legal principle that all people are entitled to the presumption of innocence until found guilty applies. If you think of this, you realise how important it is for all of us to assist in the maintenance of the rule of law and to know what we can expect from our justice system. Now let's briefly talk about the rule of law in the South African context. The apartheid state did not respect the rule of law. There was no equality before the law and those with power, like the police, did not always respect the law. They often took the law into their own hands, meaning the law did not always protect citizens. This is why in the New South Africa virtually nothing should be as important for us than to understand and uphold the rule of law. In recognition of the horrific injustice of our past, the rule of law was enshrined as a binding and justiciable foundational provision in our constitution. It says that the country is founded on the supremacy of the constitution and the rule of law. It follows that the rule of law is as supreme as the constitution itself. Now why is it important to uphold the rule of law? Respect for the rule of law is an important requirement to safeguard justice in a democracy. It ensures that all decisions and actions of individuals are in line with the country's laws. It also ensures that people with power do not make decisions about our lives in an arbitrary and unpredictable manner based on their personal hatred, prejudice or beliefs and not on what the law allows. The rule of law protects us by ensuring that the laws apply equally to all of us, that those who exercise government power do so guided by the law and not by their own views and that no one has absolute power over our lives. The rule of law can only function properly when the courts act in an independent, fair, public and transparent manner. It is important that we citizens know our rights within the entire system of the rule of law so we are able to uphold them as well as detect failures and demand change. After all, countries where the rule of law is upheld vigorously are often also the countries with the highest national prosperity, peace, liberty and freedom from corruption and last but not least, justice.