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.
Malema is no innocent victim. But he has been punished for his role in expressing opinion, not in preventing others from having their say. He is punished for saying that Mbeki cares more about Africans than Zuma — not for storming a stage in 2010 to try to bully Justice Minister Jeff Radebe. He is sanctioned for remarks on Botswana that were crass and embarrassing but no threat to democracy in the ANC — not for driving his opponents out of a hall in Limpopo or ignoring a court order in the Eastern Cape. The message is clear: ANC members can bully and bend the rules, as long as they don’t criticise leaders or deviate from policy. This insistence that the problem is not unfair contest but contest itself will worsen the problem. – Steven Friedman in Business DayBACK TO TOP