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.
In his affidavit, Msimang said “donors receive value for the funds donated” through the “indirect benefit” that their companies operated in a political climate “which was borne through the gallant effort and contribution of the ANC”.
Msimang said that by donating to the ANC, Kebble was “maintaining an institution of democracy which (enabled) him to acquire his wealth, which in (turn), enabled him to operate his business in a democratic state free of racism, economic sanctions and free of all the negativity brought by (apartheid)”.
This argument is so preposterous, it could have been made up by The Onion. It is as if the ANC people are mocking themselves. It also seems to reflect – more darkly – the view that only the ANC can run South Africa and keep the peace and thus, by implication, that onmly the ANC has a right to rule the country.
I cannot imagine that the court would agree with this argument and then the ANC will have to pay back the money in any case. Why make such a fool of yourself if you know the chances of winning is very slim? The most obvious answer is that one makes such answers if one is exctremely arrogant and does not really care what people think. Or maybe more correctly, one does not care what the chattering classes think who actually read newspapers.BACK TO TOP