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)
13 February 2012

If the ANC’s critique of liberal democracy was accompanied by attempts to deepen democracy by, for instance, decommodifiying electoral politics and access to the courts, enabling participatory budgeting, supporting independent community media and encouraging independent popular organisation, its position would be credible. But given that its critique of liberal democracy is being accompanied by a shift in power to securocrats rather than popular forces, and repression rather than opening, its opposition to liberal democracy can only be understood as anti-democratic. – Richard Pithouse on the The South African Civil Society Information Service website.

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