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 will be taking a two week break from blogging from today. I will be leaving for France for a two week holiday and decided that unless something earth shattering happens while I am on holiday, I would rather not publish hastily written pieces just to provide content for the Blog. Thanks to all the loyal readers and feisty participants for keeping me on my toes over the past several years. I will be back in two weeks, hopefully rejuvenated and inspired. As we say in Afrikaans: “Dis totsiens, maar nie vaarwel.”BACK TO TOP