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.
The Vitamins magnate, Dr Matthias Rath, shows, shall we say, a rather eccentric side in papers lodged with the Cape High Court in his case with the Treatment Action Campaign. The Mail & Guardian reports:
The apartheid regime was part of a global plot by the pharmaceutical industry, according to vitamin entrepreneur Dr Matthias Rath. He said in an affidavit filed in the Cape High Court: “This regime was the political arm to turn South Africa into a bridgehead of the pharmaceutical interests with the goal to conquer and control the entire African continent.”
He also said the operations of the Treatment Action Campaign (TAC) were “almost a copy” of Hitler’s brown-shirt storm troopers. … “The apartheid regime in South Africa was part of this global strategy,” he said. “The apartheid regime became its political stakeholder.” He said that after World War II, thousands of high-ranking Nazi party members used the “corporate channels” of the massive German chemical-manufacturing conglomerate IG Farben to find safe haven in South Africa, where IG Farben had established subsidiaries. Also seeking refuge in this country were thousands of IG Farben managers who had participated in war crimes.
“Much the same as previously in Europe, their goal was to establish a dictatorship serving these corporate interests while keeping the majority of the population ‘under control’,” Rath said. The chemical and pharmaceutical industry became the economic pillar of the apartheid regime, and South Africa became a stronghold for pharmaceutical companies.
Rath said the goal of the “brown shirts” had been to destabilise a democratically elected German government on behalf of corporate interests and their political stakeholders. The TAC’s goal, he said, was to attack the South African government, destabilise the political situation and establish a new political leadership that would voluntarily spend millions on “toxic” antiretroviral drugs.
One sandwich short of a picnic, seems an appropriate description for Dr Rath. What has he been smoking?