GOVT DIRECTIVE NOW LAW, SAYS MAHERE

I don’t know who needs to hear this but a “Govt directive” is not law. Rule by decree is unconstitutional. Section 68 of the Constitution provides that all government officials must act on the basis of the law, reasonableness and fairness. This means that a policy only becomes legally binding and enforceable when it is enacted into law.

So a Minister can’t write a memo to schools and believe it has the force of law. It doesn’t. The Governor can’t say something on radio and think it becomes binding and enforceable. It doesn’t.

Only the law is binding.

This is a basic feature of the rule of law, which is a central tenet of a constitutional democracy. This nation would become a jungle if any public official could wake up and say do this or do that and force us to comply. It doesn’t work like that.

The principle of legality states that the law must be certain and positive. It must have equal and not selective application.

You can’t have one rule for your fuel stations and your Passport Office then another rule for schools.

This offends section 56 of the Constitution which states that everyone has the right to the equal protection and benefit of the law.

We need new leaders. Mahere writing on X

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