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.
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RECOMMENDED CANDIDATES FOR THE IMPENDING VACANCIES IN THE ELECTORAL COMMISSION
The Panel chaired by the Chief Justice and comprising of the Chairperson of the South African Human Rights Commission, the Acting Chairperson of the Commission for Gender Equality and the Public Protector established in terms of section 6(3) of the Electoral Commission Act 51 of 1996, and mandated to recommend candidates to the Committee of the National Assembly for appointment by the President to the Electoral Commission met on 27 September 2011, at the InterContinental Hotel, Johannesburg to interview shortlisted candidates for the impending vacancies in Electoral Commission.
The Panel reconvened on 28 September 2011 and recommended the following candidates to the National Assembly:
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