As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Recent controversies around the Bench and the Bar have highlighted the significance of race and existing patterns of power and privilege within the legal system and profession. Yet public debates seldom explore these issues explicitly. Discussions often end in a stalemate, where views are predetermined along racial lines, and where assertions of racism are countered by calls to reward merit or experience. The time has surely arrived to transcend these tired arguments and explore a new transformative vision of the legal system. In this, we need to acknowledge and confront the institutional and cultural structures that perpetuate racialised privilege and marginalisation. We also need to move beyond those narratives which are determined by our Apartheid past to confront the issues which threaten the profession and the legal system at the moment.
The panel discussion will be facilitated by Judge Dennis Davis. Our panellists are Mr Tshepo Madlingozi from the University of Pretoria, Dr Adila Hassim from the AIDS Law Project, Mr Tembeka Ncgukaitobi from the Legal Resources Centre and Advocate Sharise Weiner from the Johannesburg bar. Refreshments will be served after the event.
Date: Thursday 26 November 2009 at 17:00‐19:00.
Venue: Auditorium, Chalsty Centre, Oliver Schreiner Building, School of Law, University of the Witwatersrand, Johannesburg.
Kindly RSVP to Hafiza.Wadee@wits.ac.za by 23 November or tel 011‐717‐8412.BACK TO TOP