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.
think this is the way the cookie crumbles. With the proviso that no-one knows the future – and it is always more unexpected than not – and I think the cookie crumbling in the way that I have described means: (i) The Democratic Alliance continues to transform its racial profile (in electoral support as well as leadership) and strengthens its support in urban constituencies throughout the country in the May18 national municipal election. (ii) There is a significant showing in that election by other opposition parties and independents. (iii) Cosatu begins to plan for the inevitability of either ‘a coup’ within the ANC or a withdrawal from the Ruling Alliance and the establishment of a viable alternative political home. (iv) The backlash within the ANC after the election will be severe leading to very high levels of contestation before and during the 2012 elective centenary conference. – Nic Boraine speculating about the near future.BACK TO TOP