Sons of anarchy — Hunter Biden, Spare and the law of unintended consequences
Read the full opinion piece as published on the Daily Maverick. [Some extracts below]
Epidemic anarchy
These same concerns about due process have recently hit close to home, when South Africa made international headlines regarding the admission of 95 Libyan militants under misrepresentation and breach of due process. Failure that was subsequently confirmed by Home Affairs Minister Leon Schreiber and Director-General Livhuwani Makhode, reporting to the portfolio Committee on Home Affairs sitting in Parliament on 20 August 2024.
Anarchy has ruled at Home Affairs for years and the ramifications and consequences of this complacent mismanagement are still to be uncovered in full. Schreiber’s department has set out to be “in the business of delivering dignity” and restoring the rule of the law. This noble mission statement should find full support by all stakeholders.
As Schreiber correctly acknowledged, “instead of viewing these as isolated events, we need to regard these matters as case studies that illustrate a far deeper crisis at the very heart of our state”.
Anarchy cannot prevail in a capable state. Accountability and truth should prevail. Negligent misrepresentation by way of an omission may occur in the form of a non-disclosure where there is a legal duty to disclose — this is a two-way street.
As for Hunter and Harry, it also frequently happens within the South African immigration landscape that applicants underestimate the legal value and purpose of completing government-issued forms and questionnaires, which equate to formal declarations that have legal implications and obligations.
Committing anarchy
Superficiality in dealing with these processes encompasses an anarchic mentality and approach against governing principles and authority. Although few people are prepared to call themselves anarchists, all who subscribe to this cavalier attitude are in their own way committed to anarchy. Few understand that misrepresentation, even by omission, constitutes an offence.
In terms of section 49(14) of the South African Immigration Act [“Offences”]: “Any person who for the purpose of entering or remaining in, or departing from, or of facilitating or assisting the entrance into, residence in or departure from the Republic, whether in contravention of this Act or not, commits any fraudulent act or makes any false representation by conduct, statement or otherwise, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding eight years.”
Hunter’s guilty verdict in its harsh uniqueness is something to be learnt from.
As Professor Sidney Hook wrote: “One cannot assess the obligation to obey a law without at the same time assessing the consequences of not obeying it… There is no escaping the ethics of consequences.”
by Claudia Pizzocri | CEO at Eisenberg & Associates Inc.