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 struggle to see how anyone can resist a country where such things happen. South Africa is amazing! At any given moment, all possible futures seem entirely plausible. We are winning, we are losing. We are progressing even as we hurtle backwards. Every day brings momentous exhilarations and dumbfounding setbacks, and the sun shines brightly even in winter. Throw in the heady proximity of Mandela and Beckham, and you’re almost guaranteed a splendid time. – Rian Malan in The Observer, on why foreigners must come to the World CupBACK TO TOP