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.
[T]he fact of the matter is that we still have a significant proportion of people among the white minority, but by no means everybody who is white, that continues to live in fear of the black, and especially African majority. For this section of our population, that does not “find it too difficult to revert to the accustomed world of fear of the future”, every reported incident of crime communicates the frightening and expected message that – the kaffirs are coming!
Unlike past letters on racism in which President Mbeki made excellent points on racism, only to misuse the insights to attack some of his critics, this letter is mostly free of the sarcasm and tarring of all with the same brush. I was reminded of his notorious letter about the media being “the fishers of corrupt men”, in which he made very valid points about racism, only to use these to argue that when the media exposes corruption it is inevitably based on racism.
Having had the misfortune this week to listen to a few minutes of the phone in programme with Nicky van der Berg on Radio Sonder Grense (don’t ask), the words of our President seem particularly apt. Some among us (as he used to say!) really have not acc epted the humanity of their fellow South Africans.