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.
The local Sasco branch at the University of Western Cape is contesting the SRC election to be held later this week. They usually win the elections because they run on an ANC ticket. In previous years their election posters usually contained pictures of a smiling President Thabo Mbeki, the same picture used by the ANC during the national election campaign in 2004. I see this year Sasco posters have a large picture of Nelson Mandela. No sign of President Mbeki. The students at Sasco obviously decided they will get more votes with Mandela than with Mbeki. Or did they choose a picture of the ANC leader they really like and not the one they have to pretend to like if they were going to share in the patronage of the ANC deployment committee?BACK TO TOP