Constitutional Law
Access to Courts
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.
Legal Definition
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.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996
Practical Example
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.
Frequently Asked Questions
Does access to courts mean I can sue anyone for free?
No — costs remain a feature of civil litigation. But courts must ensure rules do not create unjustifiable barriers to justice for poor litigants.
Can I represent myself in court?
Yes — you have the right to self-representation. However, procedural rules apply equally to lay litigants and self-represented parties.
Are alternative dispute resolution (ADR) methods consistent with s34?
Yes. ADR including mediation and arbitration is constitutionally permissible provided it is independent, impartial, and fair.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.