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.
Applications Are Open for the UCLA Law – Sonke Health & Human Rights Fellowship!
The UCLA Law – Sonke Health & Human Rights Fellowship promotes public interest lawyering and trains the next generation of lawyers who will spearhead social justice efforts in the region. This prestigious programme provides specialised legal training to top graduates from southern African law schools and promotes their careers as impact-oriented public interest lawyers in the areas of health, human rights, gender equality, and sexual and reproductive health & rights. The deadline is 15 February, 2014. Apply today!
For further information on the fellowship and how to apply, click here.