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.
For a former president in the Nelson Mandela epoch, who repeated parrot-like “a nonracist society”, and who knows how negative comments about “foreigners” can stoke massacres and civil wars (even in his beloved Nigeria), Mbeki’s spit about native whites as “foreigners”, implying they are suitable targets for xenophobic attacks, was racist provocation animated by a malicious spirit acting through a lost soul. Mbeki’s denial of reality — of the very deep roots of white people in SA, whose contributions made him an African president with virtually a private jet to gad about — is, however, mild compared with his fatal denial of a disease that is ravaging his race. His institute would be a conduit for Mbeki denialism, a tragic prospect for other generations and regions. – Meshack Mabogoane in Business DayBACK TO TOP