An Appraisal of the Upholding of Moral Good Actions by the Censor (44 BCE) in the Roman Empire and its Culmination in the Public Protector of South Africa
Nico P. Swartz *
Department of Law, University of Botswana, Faculty of Social Sciences, Gaborone, Botswana
Eric Ozoo
Baisago University College of Botswana, Attorney of the High Court of Botswana, Botswana
*Author to whom correspondence should be addressed.
Abstract
Centuries ago in the Roman Empire the satirist, Juvenal raised the question: Quis custodiet ipsos custodies? This means literally: “Who watches the watchmen?” or “Who guards the guards?” In addition, it points to promoting the upholding of moral good acts among both the citizens and those who must defend the rights and interests of the individual against the abuse of power by those who possess public authority. In this article it has been postulated that the duties of the then Censor (44 BCE) showed similarities to those of the present-day Public Protector. This phenomenon will be investigated by examining whether or not the Public Protector still fulfils the duties and powers of the Censor. From the conclusion, it is clear that the Censor was indeed the predecessor of the Public Protector. But such conclusion hinged upon the necessary phases the Censor underwent to ultimately culminate in the Public Protector. It is also explicated in this study that at times the duties and powers of the Censor developed or changed in order to conform to the changing circumstances of the time. Notwithstanding such developments or changes, upholding moral good acts remained the same for both offices and this is particularly the purview of this article.
Keywords: Censor, public protector, ombudsman, constitutional dispensation, regimen morem, Caligula, promoting moral good actions, nota censorial, constitution of South Africa, 108 of 1996, South African law commission