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.
Anton Fagan is a law professor at the University of Cape Town. We remember him in academic dress marching with TAC for the dismissal of then-Health Minister Manto Tshabalala-Msimang. But speaking generally he has never understood the Constitution, the society in which lives or his privilege. He eschews context and people in his scholarship. Schooled in the formalism and steeped in the pedantry of a law professor, he came to the defence of DA leader and Western Cape Premier when she viciously and personally attacked Janet Love of the Legal Resources Centre as a “dumped cadre”. Love failed to meet Zille’s standards of independence or integrity as a Human Rights Commissioner after that body found her party’s City of Cape Town administration to have violated the Constitution. – Zackie Achmat on the Writing Rights BlogBACK TO TOP