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)
28 February 2011

If moral outrage had a face, it would be that of Pierre de Vos. For many years now he has grown fat gnawing and chewing on the corpse of political correctness. Often, his outrage compromises his judgement, certainly his logic, as it has again done in this case. Relying on those poorly reported stories which suggested the DA’s decision was based on an isolated incident, he builds his entire case around the single Majavu story the DA took to the Press Ombudsman. Based on that story, he argues, the DA should have investigated the public representative implicated in it, rather than complain about the journalist. Its failure to do so reveals the party as hypocritical, he says. But does he apply that same logic to the DA’s complaint? Of course not. – Gareth van Onselen, the “DA’s executive director of special projects”, defending the action taken by the DA against Sowetan journalist Anna Majavu

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