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.
I am in Mthatha with a delegation led by Archbishop Thabo Makgoba, visiting various rural schools to draw attention to the inequalities in our education system and highlight the need for the formulation of detailed and precise norms and standards setting out, at the very least, the minimum conditions in which children will be able to learn with dignity.
I will write a more reflective piece when I get time. Meanwhile I post a few pictures taken yesterday.
At Putuma Junior Secondary School more than hundred children cram into one classroom. The school is known for its choir which won the national championship last year. This is a picture of one children in grade 9.
At Sea View Secondary School only 13% of matrics passed last year. These unfinished classrooms are being built by the community. Students waiting for fellow class mates to complete their lesson in the classroom they share, hang out in these unfinished classrooms.