Access to courts – know your rights
Section 34 reads as follows: "Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate another independent and impartial tribunal or forum.”
The right of access to courts is secured in the Bill of Rights, which forms part of the Constitution. This right is protected by the Constitutional Court, the Highest Court in South Africa, and its decisions are binding on all the other courts.
Other courts in South Africa include the Supreme Court Of Appeal, High Courts, Magistrate Courts and other courts established or recognised in terms of an Act of parliament.
One may approach the courts for a dispute to be resolved, provided that it may be resolvable by the application of our law.
The courts will assist you in the processes should you be unaware of the procedures you need to follow.
This article was compiled by Angie Sebastiao, Candidate Attorney at Malherbe Rigg & Ranwell Inc.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to Your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
