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.
If a lunatic in a mental hospital tells us that a voice in his head, or from the ceiling fan, or from a pigeon at his window tells him to cut off the other patients’ heads, we place him under close surveillance and label him a menace to the rest of the hospital. We would do this long before he commits any act to prove his willingness to submit to the imaginary voice. If a man says God told him he would be Chief Justice, or that he thinks God approves of him taking that office, we consider it perfectly socially acceptable – because firstly, many other people labour under similar delusions and secondly because it doesn’t include any promise to do harm. Is there much difference though? Surely a delusion is still a delusion, even if many millions believe it? – Garreth Cliff, writing about Mogoeng Mogoeng’s claim that he received a sign from God to become Chief Justice over at the Daily MaverickBACK TO TOP