Abstract

In this thesis a study of the marxist-leninist legal philosophy and the principle of socialist legality is undertaken. The extent to which parties in South Africa such as the South African Communist Party and African National Congress adhere to fundamental marxist-leninist principles is examined in order to determine whether their policies can meet the requirements for establishing a democratic state based on the Rechtsstaat idea. ;The theory of historical-materialism which formed the basis of Marx's philosophy is evaluated. This theory, which sought to explain the creation, functioning and transformation of all social structures in terms of economic criteria, is fundamentally flawed. Marx derived his nihilistic concept of law, human rights and justice from the historical-materialist doctrine. Engels's and Lenin's contributions to the Marxian legal theory are discussed as well as the Soviet Union's attempts to apply this theory. A discussion of neo-Marxist schools of thought such as instrumentalism, structuralism and anarchism , is included. ;The development and content of the socialist legality principle in the Soviet Union from 1917--1991 is examined using criteria derived from the German Rechtsstaat principle. The Soviet Union rejected the Rechtsstaat idea for nearly seven decades. However, a major turning point was reached during Gorbachev's reign when certain essential elements of a Rechtsstaat were accepted. The Soviet Union's restructuring process was confined within the limits of marxist-leninist ideology which probably contributed to the union's downfall. ;In South Africa the importance of the preceding analysis is still remarkably relevant in view of the SACP's and ANC's historical background. It was found that the SACP's ideological crisis deepened after the collapse of communism and that changed political circumstances in South Africa forced the party to accept important elements of a Rechtsstaat during South Africa's transition phase. The ANC's and SACP's unbanning and the parties, participation in the negotiating process played a major role in transforming their policies. The ANC's constitutional policy was not found to be fundamentally opposed to the Rechtsstaat idea. However the process of installing a democratic political system in South Africa based on Rechtsstaat principles will depend on the measure in which the remnants of the SACP's and ANC's marxist-leninist ideology can be transcended