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.
Unlike with kaffir, when the word “coolie” came to South Africa through the slave trade, it slipped into the local languages. Growing up, I cannot recall any other Setswana word to describe people of Indian origin other than as makula. I perceived no malice (and I believe that none was perceived) in its use except when conferred by tone or context in much the same way that the words “whites” or “blacks” are innocuous except when an inflection or the context gives clues to an underlying prejudice. Batswana and Basotho don’t usually use makula in a derogatory sense… while its etymology is derogatory the current use is not. – Osiame Molefe over at Daily Maverick on Julius Malema’s use of the word perceived by some to be racist.BACK TO TOP