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.
There has been some lively discussion below following my post suggesting that alcohol is far more harmful than dagga or ecstasy and that the
The study I quoted from was published in the respected British medical Journal, Lancet (not that that should be conclusive), and used three factors to determine the harm associated with any drug: the physical harm to the user, the drug’s potential for addiction, and the impact on society of the drug’s use before calculating the drugs’ overall rankings. It is therefore clear that the researchers did not only rely on whether the drug would kill you or not.
I don’t want to sound like President Mbeki with his Aids denialism… but the report on the Canadian Broadcasting Corporation news website continued:
Heroin and cocaine were ranked most dangerous, followed by barbiturates and street methadone. Alcohol was the fifth-most harmful drug and tobacco the ninth most harmful. Cannabis came in 11th, and near the bottom of the list was ecstasy.
Tobacco causes 40 per cent of all hospital illnesses, while alcohol is blamed for more than half of all visits to hospital emergency rooms. The substances also harm society in other ways, damaging families and occupying police services.
While experts agreed that criminalizing alcohol and tobacco would be challenging, they said that governments should review the penalties imposed for drug abuse and try to make them more reflective of the actual risks and damages involved.
I suppose those who warn that dagga causes Schizophrenia will argue that if it was freely available it would become just as dangerous and harm just as many people as alcohol or cigarettes. Which begs the question of why alcohol and cigarettes are legal and part of a multi-billion dollar industry, while dagga is produced by poor black people in Transkei…. Well, make up your own mind.
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