Quotessence
Home / Quotes / Quote by Albie Sachs

Quote by Albie Sachs

“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.”

Quote by Albie Sachs

Author

Albie Sachs
Albie Sachs

Albie Sachs is a renowned South African judge known for his contributions to human rights and constitutional law. Born on January 30, 1935, Sachs was imprisoned and tortured for his opposition to the apartheid regime. He served as a judge in both the Supreme Court and the Constitutional Court of South Africa, making significant contributions to the transformation of the country's legal system towards democracy and equality. more

You May Also Like