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 hard to address all the structural problems and inequalities in such a short time. Still, you need to ask yourselves some uncomfortable questions: Why is South Africa’s education system underperforming? Why are the rates of illiteracy so high? What has caused the culture of non-attendance and resistance to learning? How has such disparity in the allocation of resources been allowed to occur? How can the inequities in the system be resolved so that every South African child has equal access to quality education? How can the teachers’ union be motivated to drive efforts towards positive change? Those questions need to be addressed if South Africa’s hard-fought democracy is to be sustained for generations to come. – Mary Robinson in the Nelson Mandela Lecture.BACK TO TOP