n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Security for costs in corporate litigation and the right of access to courts : : case comment




Section 34 of the Constitution of the Republic of South Africa, 1996 gives every person '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'. (For a general discussion of the right of access to courts, see GE Devenish (2005) in pars 151-6 at 168-73). However, s 36 of the Constitution permits a limitation by way of a law of general application, provided that the limitation is reasonable and justifiable. An example of such a limitation can be found in s 2(1)(a) of the Vexatious Proceedings Act 3 of 1956, which provides that a court may order that no legal proceedings be instituted if it is satisfied that a person has 'persistently and without any reasonable ground instituted legal proceedings'. This limitation was held to be reasonable and justifiable, taking into account all the relevant factors ( 1999 (2) SA 116 (CC) in par 16 at 122-3).


Article metrics loading...

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error