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.
Even where Malema is apparently pursuing radical change, in the mining industry, he is in fact helping to entrench the spoils system at the heart of Mbeki’s ANC. He recently complained that “those who go around spreading lies and rumours linking the ANC Youth League to big business people should stop doing so because it is not funny anymore”. However, as this column has previously observed, Malema is fronting a putsch by Mbeki-era apparatchiks to create a state-owned mining company. Malema’s presentation to Parliament’s mining portfolio committee last week contained some comic gems. Those who do not yet know how the spoils will be distributed should take note of Malema’s insistence that the state-owned mining company should be “under the direct supervision of the Department of Mineral Resources” and “not public enterprises”. – Anthony Butler in Business DayBACK TO TOP