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 hope you all had a great freedom day and took a moment to cherish the wonder of living in a free country in which the human dignity of all are protected by the Constitution. If we want to honour our freedom (and here comes the sermon – always thought I should have been a dominee or priest) every one of us need to respect the dignity of everyone in the country.
It is so easy to judge someone for how he or she looks, what political party that person supports, what gender he or she is, or whether the person speaks Afrikaans, Xhosa, Zulu or Shangaan. That is why this video tears me up every time I watch it. It challenges our prejudices and reminds us that we are all deserving of respect because we all have an inherent self worth. Respect.
BACK TO TOP