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 see there was a coup d’etat in Mauritius. Wonder where that leaves the NPA request for the diary that shows Mr. Jacob Zuma met with arms dealers who allegedly paid him a bribe? Mr. Zuma’s appeal on that matter is still pending in the Mauritius courts. If I was a conspiracy theorist – which I am not – I would wonder about the timing of this coup and whether it has anything to do with a plot against the NPA!
UPDATE: Eish! I am obviously so obsessed with the Zuma matter that in my haste between appointments I read Mauritius for Mauritania! So no plot against the NPA then.BACK TO TOP