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.
One consequence of such conspiracies and ructions, and the preoccupation with pure politics that they cause, is that a gap has opened up between the effective and the ceremonial parts of the Presidency. Mbeki and his crew used to form a bridge between policy and politics. Under Zuma, the practical and the symbolic aspects of the office have become increasingly divorced. The Presidency is in danger of becoming a symbolic institution, dedicated to projecting an image of a beloved national leader and obsessed with how the world looks rather than with how it is. If this continues, its practical work will increasingly fall away. The planning commission will plan and the monitoring unit will monitor. But ministers and premiers will do their own thing, oblivious to one another and unable to work towards a wider national good. – Anthony Butler in Business DayBACK TO TOP