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.
CASAC Media Statement
24 October 2011
President Zuma acts on corruption
The Council for the Advancement of the South African Constitution (CASAC) applauds President Zuma’s dismissal of Gwen Mahlangu Nkabinde and Sicelo Shiceka from Cabinet. We believe that the President has acted appropriately in responding to the reports of the Public Protector regarding the misdemeanours by these two former Ministers.
We also welcome the immediate suspension of the National Police Commissioner, Bheki Cele, and the appointment of a Board of Inquiry in terms of the South African Police Service Act to investigate his role in the leasing of premises for the SA Police Service.
We note the composition of the commission of enquiry under Judge Willie Seriti to conduct the investigation into matters relating to the arms deal. We await the announcement of the terms of reference for that enquiry and trust that these will allow for a comprehensive investigation.
CASAC has consistently called for a zero tolerance approach to corruption and unethical conduct, and urges all South Africans to “Red Card Corruption”. We will continue to lobby for the strengthening of our anti-corruption arsenal by establishing a truly independent anti-corruption agency that will be adequately resourced to fight corruption on all fronts.
Lawson Naidoo – 073 158 5736
Masutane Modjadji – 076 937 0825BACK TO TOP