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.
REPUBLIC OF SOUTH AFRICA
JUDICIAL SERVICE COMMISSION
SHORTLISTED CANDIDATES FOR CONSTITUTIONAL COURT VACANCY
On 23 October 2012, the Judicial Service Commission (JSC) published an advertisement calling for nominations of interested persons to fill a vacancy in the Constitutional Court which will occur when Justice Zak Yacoob is discharged from active service at the end of January 2013. The closing date for the nominations was set for 23 November 2012.
Following the closing date, the JSC has compiled a shortlist of candidates to be interviewed for the above-mentioned position as follows:
The organized legal profession and institutions with an interest in the work of the JSC are requested to submit comments on the abovementioned candidates to the Secretariat of the JSC by no later than 07 February 2013.
The shortlisted candidates will be interviewed on 22 February 2013. Details of the time and venue for the interviews will be communicated to the shortlisted candidates in due course.
Issued by the Judicial Service Commission
Enq: Adv D Ntsebeza SC 0824672490 and Mr C P Fourie 0828811737
15 January 2013BACK TO TOP