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.
If you are not a graduate of the University of Stellenbosch, you can skip this post. For some reason I have been nominated as a candidate for election to the University of Stellenbosch Council by the alumni of that university. As I would be embarrassed if I get the lowest number of votes, I am hoping a few friends and readers of this Blog might vote for me. This can be done electronically. All the details can be found by clicking here. If you believe I should be kept off the Council at all cost because of my dangerous views you need not vote, of course! If you are not an alumni of Stellenbosch University you cannot vote either.BACK TO TOP