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.
If these allegations by ex Justice William Heath are true, this is going to be a huge scandal. Money qoute:
Speaking on Moneyweb Radio Monday night, Heath painted a picture of how the police, steered by controversial national commissioner Jackie Selebi not only failed to act on evidence given to them, but appeared to purposely bungle the investigation into Kebble’s death. Selebi is (or certainly was) a friend of Agliotti.
Judge Heath, of course, is not coming to the party with a spotless reputation. He was after all employed by Kebble in an attempt provide a veneer of respectability to his operation.BACK TO TOP