Quote of the week

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.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
24 December 2008

Happy holidays

I would like to wish the readers of this Blog a happy holiday. Thanks for your support over the past year. Without you this Blog would have been far less lively and thought provoking. Many of you have taught me new things this year and even if you did not, I enjoyed sparring with you. I hope you all have a great 2009, filled with love, light and blessings. Viva the Constitution! Viva democracy! Viva freedom of speech!

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest