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.
“In a subsequent aside, Malema admitted that ANCYL president, Fikile Mbalula, did not want to support Zuma during the rape trial but that the regional leadership insisted, arguing that if the YL defended Zuma on corruption charges, they could defend him on rape charges since both acts are immoral. He also hinted that Fikile was told his position depended on his support of Zuma.” Malema told the diplomats that if Zuma was sent to jail the league would support the ANC secretary general, Kgalema Motlanthe, for the presidency. “However, he added that though ‘Motlanthe is brilliant, you can’t understand anything he says’.” – The Guardian on leaked USA cables.BACK TO TOP