Albie Sachs > Quotes

“My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.”
― Albie Sachs

“Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.”
― Albie Sachs

“To respond in kind to the violence of apartheid was just wrong. Terrorism was based on the use of indiscriminate violence, directed at civilian people because they happened to belong to a particular group, race, or community. [...] It was completely antithetical to our ideals. We were fighting for justice against the system of white supremacy, not against a race.”
― Albie Sachs, The Strange Alchemy of Life and Law