Legislation at your service
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Tel: +27 11 486 2978
rita @ legalb.co.za
Rule of Law and compliance with legislation and executive orders
What happens if the legislation your are told to comply with, or the administrative order you are told to follow, is not in compliance with the Rule of Law? What if the Act was not published? Or not commenced? Or if the wrong version of the Act is being weilded against you? Or if the appointment of the administrative actor was not subject to public particiation, or has run past the term of office allowed? Or if a repealed Act is treated as live?
Legal compliance programmes should take account of the risk faced in complying with demands made outside the ROL - such as, the risk of unnecessary expenditure on compliance that is not necessary, the risk of complying with outdated law instead of current law?
ROL audits of legislation and administrative action listed on legal registers upon which legal compliance programmes protect against those risks..
Legislation-related compliance audits would include:
n notification of new and amended legislation (see RESOURCES)
n updating of potential transgressor analyses (see POTENTIAL TRANSGRESSORS)
n identification of compliance requirements (see RISK ASSESSMENT)
n auditing of legal registers (see LEGAL REGISTERS)
Specialists In identifying legislation-related risk, in programmes to manage that risk effectively and cost-effectively, and in legislation-related loss recovery strategies