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.
The following graphic by Media24 seems to illustrate, in pictures, what is wrong with our Police Service and with those politicians who use the Police Service to fight their political battles (inside and outside the ANC) or to enrich themselves. It also illustrates why we need a truly independent corruption fighting body that will be able to investigate these kinds of allegations and will be free from political interference by the Police Minister or the President.
Minister Nathi Mthethwa, who mislead the public last week about the use of a secret police fund to pay for a “security fence” around his home and has not yet apologised for misleading us, and President Jacob Zuma, who has been linked to Mdluli but has not made any statements about his reinstatement and the order by his Police Minister to stop an investigation into Mdluli’s alleged corrupt activities, owe citizens an explanation. In the absence of such an explanation all reasonable people will be hard pressed not to conclude that the Minister and the President – if not themselves implicated in this web of alleged corruption – is condoning it for purely short term political purposes.
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