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.
But let me acknowledge once more, loud and clear: I am an apartheid beneficiary. I am not proud of it. I am ashamed of the fact that gross human-rights violations were perpetrated in the name of my volk, that some of my fellow Afrikaners have shown absolutely no remorse, no humility with respect to the privileges they have enjoyed and still enjoy in post-apartheid South Africa. In Germany it is a crime to deny the Holocaust. Why should it be any different in South Africa for apartheid beneficiaries when they deny that they aided and abetted in the perpetration of and benefitted from a crime against humanity that remains as this untranslatable word, apartheid? – Jaco Barnard-Naude in a Blog post on Thought LeaderBACK TO TOP