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Tel: +27 11 486 2978
rita @ legalb.co.za
RULE OF LAW FACTUAL TRANSGRESSION ANALYSIS
A factual and substantive transgression of the Rule of Law (ROL) by the legislature or the Executive/Administration generally invalidates the application of the relevant legislation or order by the Administration or Judiciary.
Therefore, the failure to undertake a factual transgression analysis in relation to legislation or orders can result in expenditure and utilisation of resources that is unnecessary. For example, taking someone to court when the legislation you base your case on is invalid for want of compliance with the Rule of Law is generally a losers ticket. Likewise, defending yourself in court against legislation or an administrative order made invalid by non-compliance with the Rule of Law -related transgression monitoring programme. The failure to identify a lack of risk or the true nature of the risk can derail the effectiveness and cost-effectiveness of compliance and transgression-monitoring programmes.
Factual ROL transgression analysis should include:
n factual analysis of legislation and orders against specific set of requirements of the ROL
n auditing legislation-related transgression testing
n potential transgression testing (see STAQTM potential transgression testing)
FACTUAL TRANSGRESSION ANALYSIS
Specialists In identifying legislation-related risk, in programmes to manage that risk effectively and cost-effectively, and in legislation-related loss recovery strategies