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.
Yet the ANC’s own “Second Transition” document acknowledges that there are worrying signs in the country, which can only be attributable to weak leadership. The documents quote the National Planning Commission’s indicators of “societies in decline” relevant to South Africa today: “rising corruption, weakening of state and civil society institutions, poor economic management, skills and capital flight, politics dominated by short-termism, ethnicity or factionalism, and the lack of maintenance of infrastructure and standards of service.” The implication therefore is that only the ANC is allowed to debate the state of the nation and anyone else who attempts to do so must be beaten into submission. It is a tactic Mantashe’s arch nemesis, Julius Malema, mastered – to insult and ridicule anyone who dares to have a different view. – Ranjeni Munusamy in a Daily Maverick column about the ANC response to remarks made by Nedbank chairman Reuel Khoza on the state of the country’s political leadershipBACK TO TOP