Quote of the week

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.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
28 March 2007

Now Sweden to get same-sex marriage?

In Sweden, the special commissioner for consideration of the possibility of making marriage available to same-sex couples presented his report to the Minister for Justice 21 March 2007. The report contains proposals for a draft bill amending the Swedish Marriage Code, making it gender neutral. In his report the commissioner also proposes the repeal of the Swedish Registered Partnership Act. Registered partnerships that have not been dissolved at the time of entry into force of the amended Marriage Code would take effect as marriages. Representatives of religious communities would have the legal capacity but not the obligation to perform marriages irrespective of the gender of the future spouses. The amendments are proposed to take legal effect 1 January 2008.
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