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 problem of course is that Roberts is spending so much time convincing white people that he ignores the people who really think his subject is not fit to govern — the natives within the ANC. I suppose white people will always be a convenient diversion for racial populists.
I always feel heart sore when people misappropriate and distort Biko’s message to defend their racial chauvinism. It was perhaps in anticipation of this that Biko wrote his thoughts down.
Biko had a message for black people in his brilliant essay, Black Consciousness and the Quest for a True Humanity. This is what this intellectual and political giant said: “Blacks have had enough experience as objects of racism not to wish to turn the tables.
“While it may be relevant now to talk about black in relation to white, we must not make this our preoccupation, for it can be a negative exercise. As we proceed further towards the achievement of our goals let us talk more about ourselves and our struggle and less about whites.”
Interestingly this mirrors the critique both myself and Johnny Steinberg has leveled against Mbeki himself.