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.
Justice Johan Kriegler has been vilified by some because his organisation, Freedom Under Law (FUL), decided to challenge the decision of the Judicial Services Commission not to investigate the charges against Judge President John Hlophe. Kriegler argued that it was necessary to take this action in order to defend the Rule of Law. If even a small bit of what is shown on the video below and alleged elsewhere by Abahlali baseMjondolo is true, it conclusively demonstrates why the defense of the Rule of Law is not a frolic to protect the rich and well heeled alone.
If members of the police take sides in local conflicts and if local politicians do not respect the law because they think that state institutions will not respect the law and will turn a blind eye to their lawlessness and criminality, social activism and political mobilisation – both essential for the thriving of democracy – will be snuffed out and our beautiful Constitution will not be worth the paper it is written on. Anyone who dares to oppose the whims of local power brokers and charlatans acting under the protection of local politicians will face the threat of violence or even death.
This is slightly more important, I suspect, than whether John Hlophe is a crook or whether the members of the JSC are unprincipled political hacks doing the bidding of the ANC. Watch this video and weep.BACK TO TOP