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.
Superficially there are some interesting parallels between Vice President Dick Cheney and President Thabo Mbeki. Not naturally warm, not media friendly and prone to making assertions that seem at the very least eccentric and at best wrong and dangerous, both have had their fare share of criticism.
Mbeki denied the link between HIV and Aids while Cheney claimed 18 months ago that the insurgency was “in its last throes” and last week said that
Of course, Mbeki’s politics is far to the left of Cheney’s and he does seem to have a much better grasp on reality than Cheney who seems completely bonkers of late.
In any case, when I saw this clip by comedian John Stewart completely demolishing Cheney after he had been particularly unhinged when interviewed by Wolf Blitzer last week, I realised that it was not possible for any TV comedian in
Somehow, we are not ready yet. Things are too tricky, given our apartheid past, to ridicule a leader in such a brutal way. The Hansie Cronje effect would kick in and Mbeki would garner much sympathy from many South Africans.
O well, meanwhile, sit back and enjoy a really honest comedian doing what he does best.