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)
4 May 2011

The [DA’s] open opportunity society is based on a conservative political philosophy, as it provides an ideological defence of the capitalist system. The children of the historically advantaged invariably have a head start in realising inherent talent. This society attributes an individual’s lack of success to individual weaknesses, not the system. Britain’s New Labour party, under Tony Blair, also adopted the open opportunity society as the ideological counterpart to its neoliberal restructuring of the economy and society. As a result, inequality grew more rapidly than it did under John Major’s conservative government. The capacity of those on the higher rungs to reproduce their privileged positions increased, with no evidence of downward mobility if their offspring were less talented. In contrast to the stated intention, Blair’s open opportunity society became, in Alex Callinicos’ words, “entrenched inequalities of opportunity.” – Jane Duncan on the DA

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