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.
It is my contention that the ANC’s leadership crisis is greater at a collective level than it is at individual level. To some extent, the failures of an individual leader can be mitigated by a strong collective. Such a collective can be useful even when an organisation is in the middle of a golden period of leadership because it can defend the membership against the imperious tendencies of a capable and popular leader. We saw an attempt to do this in 2005, when the national executive committee of the ANC called on Zuma and Mbeki to craft a joint solution to what was becoming a bruising battle between their supporters in the months following the axing by Mbeki of Zuma as deputy president of the country. Their failure to craft such a solution precipitated another element of the leadership crisis — the collapse of the leadership collective and the open political warfare that followed. It is in this context that we must understand the battle for Mangaung. – Aubrey Matshiqi in Business DayBACK TO TOP