Section 34 of the Constitution guarantees everyone the right to have disputes decided in a fair public hearing by a court or independent tribunal. Justice must be accessible.
Section 34 gives everyone 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, an independent and impartial tribunal. Courts may not unnecessarily restrict access to justice.
A court rule requires a prohibitively expensive security bond before a poor litigant can appeal. If the bond effectively denies access, it may be challenged as unconstitutional under s34.
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