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.
I am not a great fan of Mr. Roberts and have written on this Blog about his unfortunate defamation case, but I suspect he is correct when he predicts that the liberal white establishment is going to pull the book to pieces for all the wrong reasons.
Myburg conclude his “review” as follows:
One oddity of the book is that very little of it is taken up with documenting and elucidating Mbeki’s own views, which do not seem to be of particular interest to the author. It is divided instead between “a theoretical dogfight in ideological outer space” (as Rian Malan put it) and vindictive attacks on Mbeki’s critics and opponents. At one stage Roberts writes (p. 125) that The Discourses by Niccolò Machiavelli’s are what really “illuminates Mbeki’s statesmanship.” Yet, in that work Machiavelli advised:
I hold it to be a proof of great prudence for men to abstain from threats and insulting words towards any one, for neither the one nor the other in any way diminishes the strength of the enemy; but the one makes him more cautious, and the other increases his hatred of you, and makes him more persevering in his efforts to injure you.
“It is the duty”, Machiavelli continued, “of every good general or chief of a republic, to use all proper means to prevent such insults and reproaches from being indulged in by citizens or soldiers.” This is advice the presidency has clearly chosen to ignore. By supporting this project, in the way that they did, the presidency were clearly hoping to buttress Mbeki’s position, both morally and politically. Yet they may find that this book – which manages to direct “harsh sarcasms” against so many different people – has precisely the opposite effect intended.