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.
I was woken up this morning at 5:30 by the blaring of Vuvuzela’s. I got up and was going to write something for this Blog about the judgment of the High Court which found that the Mail & Guardian had the right to access all the information regarding tenders given out by the Local Organising Committee of the Soccer World Cup. A great day for the principle of freedom of information and openness and transparency and all that important stuff.
But I put on my Bafana Bafana shirt and practiced my Vuvuzela blowing instead.
Then I thought of writing about the Human Rights Commission Report criticising the City of Cape Town for not providing proper toilets to the poor and destitute of our City, but discovered Gavin Silber had already said what I wanted to say on the Writing Rights Blog.
Soon the fever will pass, sanity will return and with it my critical faculties. Meanwhile – sorry dear readers – no attempt at insightful and critical analysis of the legal and constitutional issues of the day seems possible. Once the World Cup gets started I promise to return.BACK TO TOP