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.
Invitation for Public Submissions by Constitutional Review Committee
In terms of Section 45(1 )(c) of the Constitution of the Republic of South Africa, 1996, the Constitutional Review Committee must review the Constitution annually. Members of the public are therefore invited to make written submissions to the Committee on specific sections of the Constitution that they feel need to be reviewed.
Comments can be emailed to Committee Secretary Ms Pat Jayiya at email@example.com by no later than 28 May 2010.
Enquiries tel Ms Pat Jayiya: 021 403-3661 / cell: 083 709 8453.
Issued by: Adv SP Holomisa, MP and Mr BA Mnguni, Mp, Co-chairpersons: Constitutional Review Committee.BACK TO TOP