An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
MEDIA STATEMENTS ATTRIBUTED TO INKOSI HOLOMISA
The Office of the ANC Chief Whip notes with great concern the recent utterances attributed to ANC MP Nkosi Patekile Holomisa where he has stated that “the ANC knows that the ‘great majority’ of South Africans do not want to promote or protect the rights of gays and lesbians.” The ANC Caucus distances itself from these views and would like it noted that at no stage has it considered debating this issue before Parliament.
The South African Constitution and its Bill of Rights remain the “cornerstone of democracy in South Africa” and Section 9 of the Constitution is viewed as one of the core values of the Constitution. It guarantees equality for everyone before the law and this equality includes the full and equal enjoyment of all rights and freedoms. Our Constitution is clear that “the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.
The ANC believes that any law which denies people the right to their sexual expressiondevalues them in our broader society and as such is an affront to their dignity and a breach of Section 9 of our Constitution.
We would also like to dispel a further accusation attributed to Nkosi Holomisa where he argued that some ANC MP’s were coerced to vote for the Protection of State Information Bill by Luthuli House. The Bill in question was discussed at the ANC Caucus meeting where it was unanimously supported by all ANC MPs.
The ANC’s key objective is the creation of a united, non-racial, non-sexist and democratic society and we will not deviate from this objective. The ANC Chief Whip, Dr Mathole Motshekga, will at his earliest convenience meet with Nkosi Holomisa for clarity regarding his media statements.
Statement issued by Mathole Motshekga, The Chief Whip of the Majority Party, Parliament of the Republic of SA, May 6 2012BACK TO TOP