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 the course of his gluttonous plundering, “the movement” and/or individuals in “the movement” gained from these sordid dealings. Through all this, he was protected, like many other businessmen of his bent. The shadowy Majali was representative of a network of proxy businessmen and entities that serve ruling-party heavyweights in various sectors of the economy. Be they Chancellor House, Imvume or a host of smaller, but well-connected businesses at provincial and local levels, these proxies give the lie to the ruling party’s pronouncements on a tough anti-corruption stance. Unscrupulous businessmen and their political sponsors have been able to use the name of the party to strong-arm parastatals and government departments into giving them tenders. This network lies at the heart of the institutionalisation of corruption in our country. Sandi Majali has taken many dark secrets to the grave with him. What he did leave behind was a legacy of crookedness that goes deep into the heart of the ruling party, the state and the society. – Mondli Makhanya on Sandi MajaliBACK TO TOP