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.
The SA Communist Party said it was convinced that the “persecution” of Zuma was a “politically inspired affair”.
Cosatu does not believe however that today’s judgment changes the basic facts, which are that it will be impossible for the ANC president to have a fair trial given the long delays and the trial by media,” it said.
“Cosatu remains convinced that the whole prosecution process has been politically motivated and will continue to demand the dropping of all charges.”BACK TO TOP