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)
28 August 2009

Constitutionally Speaking is expanding

Along with the new design, Constitutionally Speaking is expanding to include two new sections. Contributions are invited to the seminar room, which is a forum for debate and discussion on constitutional law and political governance issues. Submissions must be between 700 and 3000 words and can deal with any relevant constitutionalism topic, including a comment on a court judgment or academic article, a book review, a copy of a talk or original writing on a topical issue. You may also wish to send information about seminars, conferences, lectures or new publications which can be advertised on the updates page.

Send all contributions to pierre.devos@uct.ac.za

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