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.
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Often now I turn away from things,
from jubilance save that
which from a quiet word
may grant my moment’s wealth:
a home town’s olive orchard
that shivers in dusklight, the pit-pat
as fruit fall free to the ground;
or the homeless manic’s quiet rage at grace
when a shop owner hands him coffee.
Most of all, I walk
so I may reach home and try to know
myself, so I may turn to work.
– Rustum Kozain (Cape Town, Jerusalem) in his volume of poetry, The Carting Life