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.
I am tired of being part of a white world that sees itself largely unquestioningly as embodying the norms towards which everyone should aspire. I am tired of being called master. I am tired of the permanent distance between black and white. I am tired that my humanity is barely recognized by so many, who see me as master, as enemy or simply as alien, and that my very existence as a white person in South Africa should contribute to the dehumanisation of so many more. – Pedro Alexis Tabensky, Associate Professor in the Department of Philosophy at Rhodes University, writing in the Cape Times.BACK TO TOP