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.
Minister of state security Siyabonga Cwele today warned that the publication of pictures of Nkandla is unlawful. This is rubbish. There is absolutely nothing in the (unconstitutional) National Key Points Act that prohibits the publication of pictures of a building declared a National Key Point. Otherwise the publication of all pictures of the SABC building would also be unlawful. So here it is again.
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