Quote of the week

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.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
8 February 2012

Mogalakwena municipality in Mokopane, Limpopo, is facing legal action over the re-instatement of a senior official who was dismissed after being found guilty on several charges. A report in the Sowetan says this follows allegations that the decision to re-instate the official was done on instruction of the ANC. The council has been dragged to the North Gauteng High Court over the reinstatement following allegations that the official was found guilty on 26 different charges. The papers filed with the court by Mahwelereng civic leader Piet Pale show that the ANC in the Waterberg region wrote to Mayor Esther Mothibi, instructing her to convene a special council meeting to reverse the disciplinary hearing’s findings and re-instate municipal director for corporate services, Henry Thobejane. Pale seeks an order to set aside the resolution by the council to re-instate Thobejane because ‘it fails to pass the test of rationality and reasonableness’. Thobejane was charged with, among others, fraud, theft, gross dishonesty, dereliction of duties, unofficial removal of official documents and destroying official information, financial misconduct and failure to carry out lawful instructions. The hearing, chaired by Advocate AP Laka, found him guilty on all 26 charges and recommended that he be dismissed with immediate effect. – Legalbriefs

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