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.
If the process of forgiveness is to be concluded, moreover, it requires of the wrongdoer that he understand that he has done wrong. It must therefore be preceded by remorse and then by self-forgiveness — for surely one can only truly accept forgiveness from others when one has forgiven oneself? Most whites have not begun to take that first step. Former president FW De Klerk, a formidable strategist but not a statesman, set the pattern of evasion that still characterises white sentiment today. There has been no apology — just equivocation and amnesia, followed directly by the blather of the “open opportunity society”. When the issue of responsibility is pushed, Afrikaners and English cynically point the finger at each other for a system from which they benefited together. – Anthony Butler in Business DayBACK TO TOP