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.
UNIVERSITY OF CAPE TOWN: FACULTY OF LAW
APPLICATIONS FOR THE DOCTORAL AND RESEARCH MASTER’S PROGRAMMES
The Faculty of Law at the University of Cape Town hosts scholars and students from many nations. It provides a highly interactive and friendly environment for study and research, and its doctoral and research master’s programmes are growing fast. For the 2014 intake, the Faculty is seeking 15 highly motivated individuals to join these programmes in the following fields of research:
Public Law: Human Rights; Criminal Justice; Environmental Law; Evidence; Law and Society; Women, Land and Policy; Traditional Leaders; International Law (including International Criminal Law); Constitutional Law.
Commercial Law: Comparative Law in Africa; Labour Law; Law and Development in Africa; Specific Contracts.
Private Law: Property Law (in particular (1) Expropriation Law; (2) Mineral and Petroleum Resources in Africa); Delict; Legal History; Contract; Unjustified Enrichment; Jurisprudence and Legal Theory; Family Law (including Women and Children’s Law); Legal Education; Consumer Protection; African Customary Law.
Applicants for the positions should submit online, to the Admissions Office.
The final date for submission of applications is 30 August 2014.
Short-listed candidates may be invited for interviews, which may be held in Cape Town or by teleconference in October 2014.
For further information see www.doctoralprogram.uct.ac.za or contact the Faculty of Law Office at Patricia.Phillips@uct.ac.za or on ++27 21 650 5409.BACK TO TOP