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.
The Black Management Forum and the ANC Youth League have lined up to accuse Godsell and the Eskom board of racism; the state-owned enterprises have become a “slaughterhouse” for black professionals bemoans the BMF. On the other hand, and to its enormous credit, you have Cosatu (in the person of Zwelinzima Vavi) defending Godsell and the attempts (Godsell has led) to make Eskom equal to the task of providing South Africa with adequate and sustainable power. Cosatu versus the BMF and the ANCYL? It’s not often that organisations reflect their ideology and class interests so precisely. This situation looks very much like the industrial working class versus crony capitalist wannabes. – Nic Boraine on his BlogBACK TO TOP