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)
12 April 2007

Home Affairs to the rescue

A reader responds to my post on the state’s recognition of a change in one’s sex/gender.

There seems to be another way to change your gender – even if you don’t intend to: just apply to Home Affairs for a passport. Quote from yesterday’s Cape Times: “Sindie Bosch has been waiting a year for a passport, putting up patiently with delay after delay – and it all got a bit much when she was recently handed the document – in the name of a Mr. Chauke. When she returned to Home Affairs, the assistant at the desk at the Centurion office here asked: “But isn’t that you on the photo?””

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