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.
Readers of this Blog have been arguing about being an “African” and referred to President Thabo Mbeki’s very famous and moving speech he made in the late 1990’s called “I am an African”. I post it here also for those who yearn for the days when we could all be so proud of our President, before HIV/AIDS, “no crisis” Zimbabwe, the “ultra left”, Vusi Pikoli and Jackie Selebi, sullied his reputation. Those were the days when our President gave me tears in my eyes for all the right reasons.BACK TO TOP