The South African police service from parliamentary sovereignty to constitutional supremacy and law enforcement challenges under the 1996 constitution

Abstract

This thesis is centered on a major research question: What has been the path of the South African Police (SAP) from parliamentary sovereignty to constitutional supremacy? How can constitutionalism, the rule of law, and democracy assist in transforming legislation and the police to eliminate law enforcement challenges under the 1996 Constitution? The significance of the problem and its implications impact on the lives of all South Africans. This thesis explores the degree to which constitutionalism, the rule of law, and democracy are adapting unjust laws. The assumption is that all legislation must comply with the Constitution. The thesis is based on legal methodology and includes theoretical, conceptual, and philosophical analysis. It is analytical and resorts to both desktop and library research. This includes a comprehensive literature review and a review of the 1996 Constitution, selected pieces of legislation, case law, and comparative law. The thesis consists of five chapters. Chapter 1 is the general introduction that introduces the reader to the research study. Chapter 2 examines the theories that are important and relevant to the study. Chapter 3 investigates the transition of the SAPS from the previous system of parliementary sovrreignty to the current legal order based on constitutional sovereignty. Chapter 4 reflects on law and enforcement challenges under the 1996 Constitution. Chapter 5 concludes with findings and recommendations. The thesis makes a valuable contribution to knowledge on South African constitutional law by examining constitutionalism, democracy and the rule of law and its impact on the transformation of the SAPS under the 1996 Constitution.