I don’t know who needs to hear this but “government guidance” is not law. Ruling by unconstitutional decree. Article 68 of the Constitution states that all government officials must act on the basis of law, reasonableness and fairness. This means that a policy becomes legally binding and enforceable only when it is enacted into law.
Therefore a Minister cannot write a memorandum to schools and believe that it has the force of law. no. The ruler cannot say something over the radio and think that it becomes binding and enforceable. no.
Only the law is binding.
This is a fundamental feature of the rule of law, and a fundamental tenet of constitutional democracy. This nation will become a jungle if any public official wakes up and says do this or do that and forces us to comply. It doesn’t work like this.
The principle of legality states that the law must be certain and positive. It should have an even and not selective application.
You cannot have one base for your gas stations and your passport office and then another base for schools.
This violates Article 56 of the Constitution, which states that every person has the right to enjoy the equal protection and benefit of the law.
We need new leaders. Maher writes on X
