Quote of the week

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.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
10 June 2011

CASAC joins challenge to extension of term of office of Chief Justice

MEDIA STATEMENT

10 June 2011

CASAC Challenges extension of term of office of Chief Justice

The Council for the Advancement of the South African Constitution (CASAC) will challenge the unilateral decision by President Jacob Zuma to extend the term of the office of Chief Justice Sandile Ngcobo.

CASAC will be joining the Centre for Applied Legal Studies (CALS) in the court action. Legal papers are being prepared and will be filed as soon as possible.

CASAC has taken this decision as the actions of the President infringe upon the fundamental principles of the Constitution including the independence of the judiciary and the separation of powers. CASAC will challenge the validity and constitutionality of section 8 of the Judges Remuneration and Conditions of Employment Act.

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