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.
In fact, as I argued last week, what they are trying to do, with some success, is to impose a counterreality in which the sins of apartheid are being erased by the sins, failures and weaknesses of the African National Congress (ANC). The intention is to erase the racism of the past and present with the corruption, lack of delivery, moral degeneration and the pursuit of narrow individual interests which, for reasons I will unpack in another article, form part of the dominant narrative in South African politics and radio talk shows. In other words, apartheid was not so bad after all. And because apartheid was not so bad after all, as evidenced by the unbridled racism of those who respond online to columns and articles that are published in this newspaper, the arrogance of some white people has itself become a significant component of this dominant narrative. – Aubrey Matshiqi in Business DayBACK TO TOP