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.
General: Godfrey Pitje Inaugural Memorial Lecture
The Godfrey Pitje Inaugural Memorial Lecture, to be hosted by the Black Lawyers Association, will be delivered at Constitution Hill, Johannesburg, on Friday (18:30 for 19:00) by Deputy Chief Justice Dikgang Moseneke. The lecture will focus on the principles of the late Godfrey Mokgonane Pitje under the title ‘The life of Godfrey Mokgonane Pitje as a professional, activist, educator: Reflections to aspiring lawyers.’ For more information, contact Busani Mabunda, at email@example.com or 082 964 4490.BACK TO TOP