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.
When Mr Jacob Zuma’s lawyer was asked about the origins of the tapes illegally and criminally handed over to the Zuma camp and then used by the NPA to drop charges against Mr Zuma he said that attorney-client priviledge prevented him from saying where the tapes came from.
Who is Mr Hulley’s client whom he is protecting?
Seems to me it is reasonable to ask whether Mr Hulley gave away the game with this comment. It strongly suggests that the tapes come from Mr Zuma himself. Could that be why there is attorney-client priviledge between the person handing over the tapes and Mr Hulley who received them. Or does Mr Hulley have other clients who have an interest in this case. Can he claim attorney-client priviledge when he was party to a crime and or covering up a crime?
So, when will the police begin investigating this crininal act of handing over and receiving the tapes? Will the NPA ever charge Mr Hulley and or Zuma or any other client of Mr Hulley for this criminal act?
I am sure they will. And I am sure Thabo Mbeki will soon admit that he was wrong on HIV and Aids, Xolela Mangcu will give his shares back to Tokyo Sexwale and the Independent Democrats will win the election.BACK TO TOP