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 New York Times has an audience that is interested in these issues. Thus it invests in legal writers, journalists, people who can specialise in reporting on the law. They probably have legal qualifications, perhaps even some trial experience, perhaps they even clerked for a judge at one point. Here, Business Day has two legal reporters. And that’s about it. Independent Newspapers in Gauteng has a couple, but for most media organisations, it doesn’t make sense to specialise in that way. Why send a reporter to a court case that takes an entire day, or week, when that same person can do two or three political press conferences? Why bother when your readership isn’t even that interested in legal issues that don’t directly pertain to what Najwa Peterson was wearing in court that day? – Stephen Groottes at The Daily Maverick, responding to an article on this Blog.BACK TO TOP