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 ANC government is failing in service delivery and the evidence is everywhere that there is a degree of panic in the party’s ranks about the 2011 local government election. The ANC is under various kinds of threat, but the threat that concerns its leadership most is the possibility that they lose the support of the poor. This environment gives voice to the worst of those who have found a home in the ANC; those who understand the power of the call to take back what is “rightfully ours” – the land and the mines; and those who covertly would harness the rage and fear rife in the townships – a strategy indistinguishable from the early activity of the National Socialist German Workers’ Party. The older ANC members would be genuinely outraged at any suggestion that they would countenance these strategies but it is difficult not to conclude that these forces are unleashed in our society as a direct result of the failure of ANC leadership. – Nic BoraineBACK TO TOP