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.
One of the key achievements of our Congress was precisely to single out in debates and resolutions the central threat to the unity and programme of our Alliance. In particular, our Congress singled out what we called “Kebble-ism” – namely, a dangerous axis between unscrupulous business people (black and white) on the one hand, and a bullying, chauvinistic populist tendency in parts of our movement on the other. Behind the headline stories of high-life parties and the flaunting of ill-gained wealth, lies the sordid reality of manipulative sponsorships, wheeling and dealing, organisational factionalism, arm-twisting and the general subversion of our democratic order. – South African Communist Party Statement issued after the first meeting of its Political Bureau for 2010.BACK TO TOP