Loopholes with sabotage or ‘case dismissed’ laws worth reviewing

The Guardian
Published at 06:00 AM Oct 21 2024
Court Hammer
Photo: Fie
Court Hammer

BRIGHT ideas keep coming in with respect to efforts to enhance the level of the rule of law in our country.

Notably, the Law Reform Commission reports that it has identified several loopholes in eight laws, including those governing economic sabotage and organised crime.

According to the Court of Appeal judge who chairs the commission, that aspect looks a bit unlikely to succeed. Reformers could try but, with its being a civic matter, it is problematic.

Where there is a better chance in law reform is in targeting rectification of rules somewhat freely used by law administrators, often in view of vested interests surfacing when law enforcement needs to be seen to have been done.

The law review panel’s opinion, the absence of a dedicated body to manage and coordinate protection issues for informants and witnesses is compounded by inconsistencies between the protection regulations for informants and witnesses and relevant protective laws.

While there are areas pointed out where review looks somewhat more practical, one may still worry about the background of some of the ideas, given that activists passionately yearn for the dismantling of customary law.

The fear more commonly surfaces when one hears of deficiencies in laws governing property and joint rights – not when it relates to companies and shares but in matrimonial property or suchlike. On the contrary, bail or compliance with legislation is less tied to customs but good offices.

Perhaps the most captivating of the panel’s observations was in relation to presumed shortcomings in applying the Criminal Procedure Act regarding the dismissal of court cases.

There are also issues relating to laws or the spirit of legislation governing penalties for offences. This is not to speak of awards in civil cases, how far those demands are consonant with equity, other than vengeful ruin of contentious adversaries.

A portion of civil society will be keen to hear what the panel has to say in connection with contentious issues noticed in maritime transport regulations, land transport and road transport in particular.

There have been persistent appeals to traffic police to exercise controls available under the law but for years these have not been sufficiently effective, as most fatal accidents occur in unguarded hours, where speeding is the norm. That is why civic parties are eagerly waiting to hear if someone says low penalties push accidents.

There was some optimism as the minister received the report, or listened to the presentation, but rightly cautioning that extensive and in-depth research was required to exhaustively labour the social appropriateness of suggested rectification.

That would also apply in view of what is expected in other laws, the spirit of laws – for instance, freedom liberty as opposed to a set of legal designations which everyone is supposed to obey as a citizen.

Laws aren’t intended to ensure that everyone does the right thing as one often hears in passionate contributions, but rather acts without any malice or deliberate intent to harm, thus one is observant and not crushed by law.