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.
24 January 2011
The Council for the Advancement of the South African Constitution (CASAC) met on Saturday 22 January 2011 to consider its programme of action for the year. Key features of the programme are as follows:
Sipho Pityana, Chairman of CASAC says “Our programme will seek to revive the spirit of active citizen participation around these issues and in broader public life, and demonstrate the centrality of the Constitution in shaping the society we wish to create”.
Cell: 073 158 5736BACK TO TOP