This site uses cookies. By continuing to use this site you consent to our use of cookies. Close

Africa Legal

Africa Legal

  • NEWS
  • JOBS
  • COURSES
  • CLIENTS
    • Sign in
    • Sign up
  • NEWS
  • COURSES
  • JOBS
    • Sign In
    • Sign Up
  • News
  • Courses
  • Jobs
  • Events
  • Business A-Z
  • Post a job
  • Contact Us
  • Clients
CLIENT SIGN IN
Country
  • Uganda
  • South Africa
  • Kenya
  • Nigeria
  • Cameroon
  • United Kingdom
  • Cote d'Ivoire
  • Ghana
  • Tanzania
  • Zambia
  • Botswana
  • Morocco
  • Zimbabwe
  • Mauritius
  • Mozambique
  • Sudan
  • Rwanda
  • Ethiopia
  • Angola
  • Egypt
  • Togo
  • Mali
  • South Sudan
  • Swaziland
  • Senegal
  • Malawi
  • France
  • Guinea
  • Middle East
  • Democratic Republic of the Congo
  • Gambia
  • Sierra Leone
  • Germany
Category
  • Profiles
  • Analysis & Opinion
  • Career advice
  • In-house
  • Latest news
  • Press releases
  • Africa Legal Blog
  • Women in Law
  • Innovation
  • Human Rights
Practice area
  • Agriculture
  • Arbitration
  • Aviation
  • Banking and Finance
  • Capital markets
  • Charties and pro bono
  • Company commercial
  • Competition and antitrust
  • Construction and engineering
  • Consumer products
  • Corporate finance and M&A
  • Criminal
  • Education
  • Employment and benefits
  • Energy and natural resources
  • Environmental
  • Financial services
  • Fraud & white collar crime
  • Funds
  • Governance | risk and compliance
  • Government and public sector
  • Health and safety
  • Healthcare and pharmaceuticals
  • Insurance/Reinsurance
  • Intellectual Property
  • Litigation and dispute resolution
  • Logistics and transportation
  • Manufacturing and Industrial
  • Private client and family
  • Private equity
  • Projects and infrastructure
  • Real estate
  • Regulatory
  • Restructuring | insolvency and debt recovery
  • Shipping and maritime
  • Taxation
  • Technology media and telecoms
  • Travel and tourism
close

Registration

Registered Successfully!!!. We have sent you a confirmation email to your email address.
close


View My Saved News


close You must login to save your news
  • LOGIN
  • NEW USER

Login to your account

Forgotten your password?
or

Create an Account

close


View My Saved News


« Back

Justice Inspired: Testing the Rule of Law

In the second of a six-part series showcasing champions of the rule of law in Africa, Vlad Movshovich of Webber Wentzel talks to Craig Sisterson.

Oct 26, 2021
Craig Sisterson
Share

The hallmark of a society that adheres to the rule of law is not that the rule of law is never under threat, but rather that it can withstand such threats and protect people despite those challenges, says litigation and arbitration expert Vlad Movshovich of Webber Wentzel.

“Any rule of law worth its mettle will always be tested,” added Movshovich, “because there’s no point in having the rule of law if it’s not going to be challenged from time to time. That’s what determines if your rule of law is really worth anything on a substantive level.”

To Movshovich, who grew up in the latter days of repressive regimes in the Soviet Union in the 1980s and South Africa in the 1990s, democratic societies must expect the rule of law to be attacked at times. Such challenges have regularly been seen in Africa and throughout the world. 

“What is different about Africa is that most of the democratic systems are relatively new, and so the rule of law is challenged much more frequently—and sometimes with more devastating consequences,” he said. “Our democratic rule of law is relatively nascent, and we have to work much harder and be much more vigilant in protecting it.”

Good systems, more than inspiring individuals, are vital. 

While individual leaders can drive societal change, and be instrumental in putting in place fairer systems, personalities come and go and ultimately it’s the endurance of those systems which make society function, says Movshovich, who calls himself an historian at heart. 

He has seen first-hand the importance of state institutions being put in place to protect the rule of law, then ensuring that it can’t be undermined by political leaders and others.

Inspiring individuals have helped create and strengthen those vital systems though, notes Movshovich, such as Ismail Mahomed, the first black Chief Justice in South Africa. 

“He was extremely objective and unbiased, an unfailing champion for the rule of law in southern Africa as a whole. He acted as a judge in Namibia, partook in negotiations towards transition, was part of the Constitutional Court, and was Chief Justice for a few years before his death in 2000. A very inspirational figure, really putting the system in place.”

Since returning to South Africa 15 years ago, after completing his BCL and MLitt studies at Oxford, Movshovich has been involved in many major cases involving the rule of law. 

“The irony is that when the rule of law is challenged, sometimes it is strengthened through that process, because lawyers and judges are allowed the space to set parameters for what the rule of law requires and what it prohibits and what it encourages,” he commented. 

For instance, the tenure of President Zuma was not good for the rule of law in the sense that his administration “undermined the rule of law almost unfailingly”, said Movshovich, but because of those actions the law was very substantially developed via several major cases. 

Movshovich has represented clients before South Africa’s highest courts in key judgements relating to the creation of an independent anti-corruption unit, the removal of government appointees tainted by misconduct, the reinstatement of the head of the corruption-busting unit who was illegally deposed, and preventing South Africa from breaching treaty obligations. 

“We’ve recently had numerous other rule of law matters where we’ve been involved in ensuring that corruption investigations happen,” he stated. “We’ve been extremely fortunate that our judiciary, despite a lot of challenges to the rule of law, has maintained an objective and—for the most part—extremely laudable record of protection of the rule of law.”

To read the first of the six-part series showcasing champions of the rule of law in Africa please click here

 

To join Africa Legal's mailing list please click here

Copyright : Re-publication of this article is authorised only in the following circumstances; the writer and Africa Legal are both recognised as the author and the website address www.africa-legal.com and original article link are back linked. A bio for the writer can be provided on request.

RELATED CATEGORY NEWS

Niche firms with elephant-sized impact Read more
Custodians of risk and reward Read more
An insightful look at competition, tra Read more

RELATED COUNTRY NEWS

Hogan Lovells bolsters SA practice Read more
Two years of WMN striding ahead Read more
Transforming the global future Read more
Africa Legal
  • About us
  • Contact us
  • Terms of use
  • Privacy and cookies policy
Members
  • Find a job
  • Take a course
  • Read news
  • Terms and conditions
  • Cancellations and refunds
Clients
  • Terms and conditions
  • Post a job
  • Host a course
  • Advertise
  • Share news
Connect with us
© Copyright 2023 | Africa Legal. All rights reserved. | Privacy Policy