Saturday, November 11, 2006
The Renault & South Africa Constitution vs. The Boom Gate
I'm no expert, but I've read most of the Bill of Rights , and it would seem to me - that my Renault is correct in challenging the boom for it's right of access to a public road.
The relevant bit is this:
"
Freedom of movement and residence
21. (1) Everyone has the right to freedom of movement.
(2) Everyone has the right to leave the Republic.
(3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.
(4) Every citizen has the right to a passport.
"
Now assuming that "Everyone" includes myself and my Renault. Assuming that we can class myself and my Renault together as a "citizen". I would maintain that my Renault has every right to force it's way past the boom.
Also, let me make myself clear. I'm not attempting to "reside" inside the area demarcated by booms for an extended period of time see. I'm just visiting. Or maybe passing through?
I'm not so sure of the booms right to scratch my Renault though... See... here it's fuzzy. Is the boom scratching the top of my car violence? At the same time, is my Renault damaging the boom violence? I don't know. Or is the boom operator to blame? What if the booms operator is a microchip? Do we blame the microchip? I just don't know. It's all so fuzzy to my little brain.
"
Freedom and security of the person
12. (1) Everyone has the right to freedom and security of the person, which includes the right
South Africa prides itself on having one of the bestest most wonderfulest constitutions in the world - that no-one cares about.
Well I do. I feel pretty strongly about the Freedom of movement.
When I hear restriction of freedom of movement & residence, I hear Stalin, Rwanda, Mao, Apartheid.
Call me an idealist. But I'm supporting my Renault, scratches and all, in it's ongoing argument with a boom that doesn't respect the South Africa constitution.
The relevant bit is this:
"
Freedom of movement and residence
21. (1) Everyone has the right to freedom of movement.
(2) Everyone has the right to leave the Republic.
(3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.
(4) Every citizen has the right to a passport.
"
Now assuming that "Everyone" includes myself and my Renault. Assuming that we can class myself and my Renault together as a "citizen". I would maintain that my Renault has every right to force it's way past the boom.
Also, let me make myself clear. I'm not attempting to "reside" inside the area demarcated by booms for an extended period of time see. I'm just visiting. Or maybe passing through?
I'm not so sure of the booms right to scratch my Renault though... See... here it's fuzzy. Is the boom scratching the top of my car violence? At the same time, is my Renault damaging the boom violence? I don't know. Or is the boom operator to blame? What if the booms operator is a microchip? Do we blame the microchip? I just don't know. It's all so fuzzy to my little brain.
"
Freedom and security of the person
12. (1) Everyone has the right to freedom and security of the person, which includes the right
- not to be deprived of freedom arbitrarily or without just cause;
- not to be detained without trial;
- to be free from all forms of violence from either public or private sources;
- not to be tortured in any way; and
- not to be treated or punished in a cruel, inhuman or degrading way.
(2) Everyone has the right to bodily and psychological integrity, which includes the right
- to make decisions concerning reproduction;
- to security in and control over their body; and
- not to be subjected to medical or scientific experiments without their informed consent."
South Africa prides itself on having one of the bestest most wonderfulest constitutions in the world - that no-one cares about.
Well I do. I feel pretty strongly about the Freedom of movement.
When I hear restriction of freedom of movement & residence, I hear Stalin, Rwanda, Mao, Apartheid.
Call me an idealist. But I'm supporting my Renault, scratches and all, in it's ongoing argument with a boom that doesn't respect the South Africa constitution.
