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.
Statement from the office of former president Thabo Mbeki regarding the City Press interview with Advocate Willem Heath
The office of former president Thabo Mbeki has noted Advocate Willem Heath’s interview in the City Press newspaper’s edition of December 4, 2011 in which he makes defamatory and malicious allegations against the former President.
Among others, Advocate Heath alleges that “during his tenure …as President of the Republic”, the former president “abused his position to compromise the criminal justice system by blocking some investigations into corrupt practices and ‘initiated’ the corruption and rape charges preferred against President Jacob Zuma by the National Directorate of Public Prosecutions”.
Former president Mbeki categorically rejects all the allegations Advocate Heath has made. They are devoid of all truth.
The allegations made by Advocate Heath are very grave, more so because they are made by the Head of the Special Investigation Unit, a critical organ of our criminal justice system and suggest illegal conduct on the part of a former head of state and government.
Although Advocate Heath, a former judge, does not seem to have much regard for the decisions of the courts (including the Constitutional Court) except those with which he agrees, it is worth emphasising that the Supreme Court of Appeal (SCA) found no basis in the allegation of political interference on the part of former president Mbeki and the then Cabinet in the corruption case of President Zuma.
Among other things, the SCA said that “the allegations (of political interference) were … irrelevant … gratuitous and based on suspicion and not on fact”.
The legal representative of the Thabo Mbeki Foundation has today formally approached government to provide evidence of all the allegations made by Advocate Heath.
The office of former president Thabo Mbeki also notes comments attributed to President Zuma about Advocate Heath insofar as they may relate to the latter’s comments on the former president.
In the past, former president Mbeki has drawn attention to the use of fabrications to advance particular political agendas and to divert attention from the pressing challenges of the day.
If our broad leadership at all levels of society do not address this tendency, it may become an indelible part of our political culture and make it impossible for our country to address the real challenges we face.
Since his retirement, former president Mbeki has avoided commenting on domestic politics. It is with great reluctance that he is now being forced to comment on Adv. Heath’s allegations.
» Issued by the office of former president Thabo Mbeki, Johannesburg, December 8 2011