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.
Today the Mail & Guardian published details of what it claims is the provisional Report of the Public Protector on the spending of more than R200 million of public funds on President Jacob Zuma’s private home at Nkandla. One of the most shocking and scandalous aspects of this report is that the Public Protectors draft report allegedly found that President Zuma lied to Parliament (and hence to the nation) about the use of public funds for his personal enrichment.
The newspaper claims that the provisional report finds that President Jacob Zuma has derived “substantial” personal benefit from works that exceeded security needs at his Nkandla homestead and must repay the state, public protector Thuli Madonsela has provisionally found: a swimming pool, visitors’ centre, amphitheatre, cattle kraal, marquee area, extensive paving and new houses for relocated relatives were all improperly included in the security upgrade at “enormous cost” to the taxpayer, Madonsela is alleged to have found.
Here is the original speech made by President Zuma in the National Assembly in which he claimed the state only paid for security enhancements at Nkandla.BACK TO TOP