History and Power of the Plebeian Tribunal
Throughout this website, we refer to "Section 34 of Chapter 2" of the South African Constitution. The term "ARTICLE 34" is an internal reference number assigned to this case by the International Cultural Tribunal for World Plebeians (administered by Marthinus J. Oosthuizen).
Ancient Origins: The Roman Plebeian Tribune
The Plebeian Tribunal traces its origins to ancient Rome, where it emerged as a critical institution during the Conflict of the Orders (494-287 BCE). This period marked a struggle between the patricians (aristocratic elite) and the plebeians (common citizens) for political equality and protection from abuse of power.
In 494 BCE, following a plebeian secession (withdrawal) from Rome to the Sacred Mount, the patricians were forced to create the office of Tribune of the Plebs. These tribunes were granted sacrosanctity (sacred inviolability) and the power of intercessio (veto), allowing them to protect plebeians from arbitrary actions by magistrates.
The tribunes' most significant power was their ability to intervene on behalf of any citizen against the actions of a magistrate. By declaring "veto" (Latin for "I forbid"), a tribune could halt any official action, even those of consuls or the Senate. This power served as a crucial check on government authority and abuse.
Representation of the ancient Roman Plebeian Assembly gathering at a temple
Academic Sources on Roman Tribunate
- Cornell, T.J. (1995). The Beginnings of Rome: Italy and Rome from the Bronze Age to the Punic Wars. Routledge.
- Lintott, A. (1999). The Constitution of the Roman Republic. Oxford University Press.
- Beard, M., North, J., & Price, S. (1998). Religions of Rome. Cambridge University Press.
- Tribune of the Plebs - Wikipedia
Constitutional Basis in South Africa
Section 34 of Chapter 2 of the South African Constitution provides the legal basis for the Plebeian Tribunal
The South African Constitution, as the supreme law of the land and a binding international treaty document, provides for the Plebeian Tribunal through Section 34 of Chapter 2. This provision establishes a constitutional mechanism to protect citizens' rights when government organs fail or are compromised.
Section 34 states: "Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum."
This constitutional provision is interpreted to recognize the Plebeian Tribunal as an "independent and impartial tribunal" that is automatically activated when conventional government organs are compromised or acting ultra vires (beyond their legal authority).
The hierarchical structure of the Constitution places Chapter 2 (Bill of Rights) above subsequent chapters establishing government organs, emphasizing that individual rights take precedence over government structures. When these structures fail to uphold constitutional principles, the Plebeian Tribunal serves as a constitutional safeguard.
Note: The International Cultural Tribunal for World Plebeians, administered by Marthinus J. Oosthuizen, uses "ARTICLE 34" as an internal reference number for this case.
Constitutional Law Sources
- Currie, I., & de Waal, J. (2013). The Bill of Rights Handbook. Juta and Company Ltd.
- Klare, K. (1998). "Legal Culture and Transformative Constitutionalism." South African Journal on Human Rights, 14(1), 146-188.
- Woolman, S., & Bishop, M. (Eds.). (2013). Constitutional Law of South Africa. Juta and Company Ltd.
- Constitution of the Republic of South Africa, 1996
Powers and Functions of the Plebeian Tribunal
The Plebeian Tribunal in South Africa is vested with significant powers derived from its constitutional basis and historical precedent. These powers include:
- Veto Power (Intercessio): The ability to halt unconstitutional actions by government organs or officials.
- Judicial Review: Authority to review and declare invalid any law or action that violates the Constitution.
- Protection of Rights: Power to intervene on behalf of citizens whose constitutional rights are threatened or violated.
- Accountability Enforcement: Ability to hold government officials accountable for actions that exceed their constitutional authority.
- Constitutional Restoration: Mandate to restore constitutional order when government organs are compromised.
The Tribunal's ultimate goal is "Restitutio in Integrum" - the restoration of South Africa to its proper constitutional state, where sovereignty resides with the people and government organs function within their constitutional mandates.
Symbolic representation of justice balancing human rights against financial interests
Academic Research on Tribunals and Constitutional Remedies
- Hoexter, C. (2012). Administrative Law in South Africa. Juta and Company Ltd.
- Pieterse, M. (2004). "Coming to Terms with Judicial Enforcement of Socio-Economic Rights." South African Journal on Human Rights, 20(3), 383-417.
- Dugard, J. (2008). "Courts and the Poor in South Africa: A Critique of Systemic Judicial Failures to Advance Transformative Justice." South African Journal on Human Rights, 24(2), 214-238.
- Liebenberg, S. (2010). Socio-Economic Rights: Adjudication Under a Transformative Constitution. Juta and Company Ltd.
Current Relevance: Why South Africa Needs the Plebeian Tribunal
South Africans protesting evictions, highlighting the need for constitutional protection
The current South African context presents several challenges that necessitate the activation of the Plebeian Tribunal:
- Compromised Government Organs: Many state institutions have been captured by private interests, undermining their constitutional mandate.
- Financial Control: The South African Reserve Bank's private ownership structure creates a conflict with sovereign interests.
- Legal Language Barriers: The replacement of plain language with specialized legal terminology (legalese) has created barriers to justice for ordinary citizens.
- Ultra Vires Actions: Government bodies frequently act beyond their constitutional authority.
- Failure to Protect Rights: Basic constitutional rights are routinely violated without adequate remedy.
The Plebeian Tribunal serves as a constitutional corrective mechanism, designed to activate precisely when conventional government structures fail to uphold their constitutional obligations.
Research on South African Governance Challenges
- Madonsela, T. (2016). State of Capture. Office of the Public Protector, South Africa.
- Bhorat, H., Buthelezi, M., Chipkin, I., Duma, S., Mondi, L., Peter, C., ... & Friedenstein, H. (2017). Betrayal of the Promise: How South Africa is Being Stolen. State Capacity Research Project.
- Southall, R. (2013). Liberation Movements in Power: Party & State in Southern Africa. University of KwaZulu-Natal Press.
- February, J., & Pienaar, G. (2014). Twenty Years of Constitutional Democracy. Freedom House.
Join the Movement to Restore Constitutional Sovereignty
The Plebeian Tribunal exists by constitutional right and is activated by the current crisis in governance. Your support is crucial to its effectiveness.
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