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, Julius Malema, apologise to the president of the ANC and the Republic, comrade Jacob Zuma, and to the membership of the ANC and the public in general for the statements and utterances that I made… implying that the ANC Youth League has taken a position against the president of the ANC. I accept that these statements had the effect of undermining the stature of the president of the ANC and of the Republic. It further may have had the effect of undermining the confidence of our people in the leadership of the ANC and of creating serious divisions and breakdown of unity in the organisation. – Apology by Julius Malema after disciplinary hearing.BACK TO TOP