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.
A fascinating article in the Business Day today analyses some of the policy proposals for reorganising the ANC. It argues that these proposals are not aimed at “clipping Mbeki’s wings” as the Sunday Times has reported but rather to do the opposite:
Instead, it seems to imply that the ANC must make it possible for Mbeki’s inner circle in the state presidency to continue to rule SA after 2009. If this interpretation is correct, the document signals one of the most audacious factional drives for power in the history of the modern ANC.
The genius of the paper is that it endorses familiar leftist criticisms of Mbeki’s first decade in power. Too much power has been vested in one man. The movement’s presidency has usurped powers rightfully belonging to its secretary-general. Government ministers have become distant from the people. The ANC has lost the capacity to make policy and to monitor its implementation.
The remedy for a decade of centralisation in President Thabo Mbeki’s conjoined state and ANC presidencies, the document suggests, is the creation of two centres of power. Rather than being subordinated to the state, the ANC must become more than its match. Indeed, the “integration” between state and party “should be based on the principle that the ANC is the ultimate strategic centre of power”.
The article concludes that the notion that Mbeki should remain ANC president, more or less in perpetuity, seems to be gaining ground. So too does the idea that the control by his inner circle of government policy and appointments must be sustained after 2009. It would be fascinating to hear what Mbeki’s people say about this article. Be sure that Vavi and company is circulating it to all as I write.BACK TO TOP