Quote of the week

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.

Plasket AJ
Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19 (11 April 2003)
22 March 2007

Wanted: Biko not Mbeki

As is often the case these days, Xolela Mangcu delivers a thoughful column for Business Day. His take on President Thabo Mbeki and his missives on racism is particularly acute.

I have often wondered what gives President Thabo Mbeki special access to the experience of racism — access those of us who lived under the apartheid regime all those dark years somehow seem never to have had. Race has such a privileged space in the president’s thinking that no ordinary personal experience has any autonomy. The irony of this apparent radicalism is that black experience is always explained in terms of white experience. In this over-racialised framework, HIV/AIDS does not have any autonomy — it is white people who see black people as “germ carriers”.

In the same way, corruption does not have any autonomy — it is a figment of white people’s imagination. Crime does not have any autonomy — it is white people fixated on black people as the “swart gevaar”.

Ouch! Mangcu seems to be saying that President Mbeki needs to read a bit more of the work of Steve Biko so that he can free himself from the internalised racial oppression and can learn to be free from always having to worry about what white people think. I suspect the implied criticism at Mbeki for not having lived in South Africa also has a double importance because it is exactly a person who lived most of his life as part of a racial minority in the UK who would continue to obsess about the racism of whites.

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