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.
Comments made about members of Parliament have been met with anger by the Inkatha Freedom Party (IFP) deputy Chief Whip Sybil Seaton. She took exception to Judge Dikgang Moseneke‘s “derogatory” comments about members of Parliament after he completed a review on the remuneration of public office bearers. News24 Reports:
Referring to increases given to MPs, Moseneke told a Sunday newspaper: “We found an ingenious way of getting MPs off their backsides to do some constituency work.” Seaton called his comments disrespectful and belittling of MPs. “Yes, there might be MPs who sit on their ‘backsides’ doing very little, but so too do some judges and magistrates,” she said.
The MP queried the review committee’s approval of “huge” increases for magistrates and judges. “So how does Judge Moseneke justify their increases? Will those massive salary increases help get the judiciary off their “backsides”? I don’t think so,” Seaton added.