Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
6 September 2010

[ANC spokesperson Jackson] Mthembu is upset that the Mail & Guardian has not accepted the official version of events: that the president enjoys full and unequivocal support, that his travel was part of a wider NEC mandate for senior leadership to prepare for the National General Council and that the president’s strike intervention was a logical follow-up to ANC calls for a resolution. What is interesting about his criticism is that he seems upset that the M&G has not simply taken at face value the ANC’s official explanations for these things, but added their own interpretation, analysis and reporting. Is this conscious naiveté, is it just bluster, or does he seriously think that political journalism is about reproducing ANC statements? What is one to make of this sweeping statement: “The ANC NEC, including President Zuma, enjoys the full confidence of the entire members, its branches, its regions and its provinces”? This is a claim so ludicrous, so patently ridiculous, that it stretches Mthembu’s credibility way beyond its limits. Does he expect the media just to repeat that? – Anton Harber

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