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.
It has been quite a hectic few weeks on the legal and political scene and some days I hardly had time to digest it all. I have not had time to thank all the commentators on this Blog who have kept up quite a lively, sometimes very robust and often informative and interesting debate going here. So, thanks! You keep me on my toes and make me think and reflect about my own views. Now if we can only get Mr Malema to reflect on his.BACK TO TOP