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.
[T]he political life of the organisation revolves around permanent internal strife and factional battles for pow er. This is a silent retreat from the mass line to palace politics of factionalism and perpetual in-fighting. The internal strife revolves around contestation for power and state resources, rather than differences on how to implement the policies of the movement. This situation has shifted the focus of the cadres and members of the movement aw ay from societal concerns and people’s aspirations. These circumstances have produced a new type of ANC leader and member w ho sees ill-discipline, divisions, factionalism and in-fighting as normal practices and necessary forms of political survival. Drastic measures and consistent action against these negative tendencies are necessary to root out anarchy and decay. – No, not Nedbank Chairman Reuel Khoza, but an ANC discussion document on organisational renewalBACK TO TOP