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 inheritance of a corrupt state, the deployment of incompetent ANC cadres and the lawlessness of business practices operate on a daily basis to capture the state as a source of wealth accumulation. The corrupt state has taken over the ANC where it found willing business partners both Black and White, domestic and multinational. In Lenin’s words: The machine refused to obey the hand that guided it. It was like a car that was going not in the direction the driver desired, but in the direction someone else desired; as if it were being driven by some mysterious, lawless hand. – Zackie Achmat on the Writing Rights BlogBACK TO TOP