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.
As a nation we seem to have lowered the bar on ethics, our moral high ground and values. Politicians and state officials are awarded government tenders directly or via proxies. The ruling party – which gets a lion’s share of funding for political parties – quibbles with its alliance partners over its involvement with a company that does business with a state enterprise, notwithstanding an adverse finding by the Public Protector. South Africa is suffering serious reputational damage and the mood in the country is pessimistic. Our government must seriously attend to the country’s brand and reputation. This must entail the governing party and its subsidiaries saying and doing the right things and holding on to its values that have made our country great. – Makhosini Nkosi in SowetanBACK TO TOP