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 like the fact that he is trying to create an alternative intellectual universe in which Thabo Mbeki always makes perfect sense and is really an intellectual hero. When he talks about the ways in which what we see as normal is really situated, he is rather good.
The problem is that he often argues like a little boy. For example he points out that Tony Leon (not his favourite man!) quotes Lord Acton. He then argues that Lord Acton was a dreadful man. Then this must inevitably mean in his book that Leon is also a terrible racist pig. Nee what, this is lazy reasoning of the worst kind.
The book also gives the impression of a rush job. It is not clear whether this is because he knocked it off in the past few months when the sponsors started asking questions about the million Rand they gave for the project or whether it is because he has such a busy mind that he cannot fix on one thing for long enough to actually build a sustained and coherent argument.
In any case, to read Suresh Roberts and then the guidebook makes the colonial mindset of the guidebook jump out at you. White people from Europe invariably ¨discovered¨all the great tourist attracions – as if locals did not live here and actually built the very same attractions. It is deeply irritating and almost puts me off travel.
The guidebook us aklso deeply patronising about local culture and politics. When pointing out some problem with Macchu Picchu they add that the authorities are aware of the problema nd claim to be doing something about it. The guidebook would surelñy not say the Italians are aware of the fact that the tower of Pisa is falling over.